SMS Terms & Conditions

Effective Date: November 3, 2025

Last Updated: November 3, 2025

1. Program Description

The Mps Promotora SMS Alerts program allows subscribers to receive text messages to their mobile devices. This service, operational since 2008, includes:

• Marketing Messages: Promotional offers, special discounts, exclusive deals, product announcements, flash sales, and marketing content
• Transactional Messages: Order confirmations, delivery updates, account notifications, password resets, and service-related communications
• Informational Messages: Company updates, event notifications, policy changes, and relevant business information
• Engagement Messages: Surveys, feedback requests, loyalty program updates, and customer satisfaction inquiries

Our program has been serving 68,430+ subscribers with a 95% satisfaction rate since 2008.

2. Opt-In Process and Express Written Consent

To participate in this program, you must:

1. Be at least 18 years of age or older
2. Provide your mobile phone number (US numbers only)
3. Provide your email address
4. Provide express written consent by checking the consent checkbox on our opt-in form
5. Receive and confirm a welcome message to complete enrollment (double opt-in)

Consent is not a condition of purchase.

You can make purchases or use our services without subscribing to SMS messages. Alternative methods of contact are available through our website or email at help@patentwellnessco.com.

By opting in, you expressly authorize Mps Promotora to send recurring marketing and transactional text messages to the mobile phone number you provided using an automatic telephone dialing system or other automated technology as permitted by law.

3. Message Frequency

Message frequency varies based on your activity and our promotional calendar:

• Marketing messages: Up to 10 messages per month
• Transactional messages: Sent as needed based on your activity (order confirmations, shipping updates, etc.)
• Service messages: Occasional account notifications, password resets, security alerts

Actual frequency may be higher or lower depending on ongoing promotions, events, seasonal sales, and your purchase activity. You may receive multiple messages in a day during special promotional periods such as Black Friday, Cyber Monday, or flash sales. Since our founding in 2008, we have maintained an average of 6-8 marketing messages per month per subscriber.

4. Cost and Charges

Message and data rates may apply.

Mps Promotora does not charge you for receiving text messages from our program. However:

• Your mobile carrier's standard messaging rates apply to all SMS and MMS messages you receive
• Data charges may apply if messages contain images, videos, or links that require data usage
• Contact your mobile carrier for information about your specific messaging plan and associated costs
• Message and data charges are your sole responsibility
• We are not liable for any charges incurred by receiving our messages
• Some carriers offer unlimited messaging plans which may include these messages

If you are unsure about your plan, we recommend contacting your carrier before opting in to avoid unexpected charges.

5. How to Opt-Out (Unsubscribe)

You can opt-out of the program at any time, free of charge, by texting any of the following keywords to the number from which you receive messages:

• STOP
• UNSUBSCRIBE
• CANCEL
• END
• QUIT

After you send an opt-out keyword, you will receive one final confirmation message stating that you have been unsubscribed from our SMS program. No further messages will be sent to your number unless you explicitly opt back in.

Opt-out confirmation message example: "You have been unsubscribed from Mps Promotora SMS alerts. You will not receive further messages. Reply START to resubscribe or email help@patentwellnessco.com for assistance."

Your opt-out request will be processed immediately (typically within 60 seconds). To re-subscribe after opting out, simply text START or visit our website and complete the opt-in form again.

6. How to Get Help

For assistance with the SMS program, you have multiple options:

Text Commands

Text any of the following keywords to receive automated help:

• HELP
• INFO

Help response message example: "Mps Promotora: For support, email help@patentwellnessco.com. Reply STOP to unsubscribe. Message and data rates may apply. More info at mpspromotora.patentwellnessco.com"

Direct Contact

• Email: help@patentwellnessco.com
• Response Time: We aim to respond to all support inquiries within 24-48 hours during business days
• Business Hours: Monday-Friday, 9 AM - 6 PM (your local time zone)

7. Supported Carriers

This service is available to customers of participating wireless carriers in the United States, including but not limited to:

• AT&T
• T-Mobile (including Metro by T-Mobile)
• Verizon Wireless
• Sprint (now part of T-Mobile)
• Boost Mobile
• Cricket Wireless
• Metro PCS
• U.S. Cellular
• Virgin Mobile
• Alltel
• C Spire Wireless
• Cellular One
• Consumer Cellular
• Google Voice
• Ting
• Mint Mobile
• Visible
• Xfinity Mobile
• Spectrum Mobile
• Other regional and MVNO carriers

Note: Carrier charges and support may vary. Not all carriers support all features. Some regional carriers may have limitations. Check with your specific carrier for compatibility and rates.

8. Device and Carrier Compatibility

To participate in this program, you must have:

• An SMS-enabled mobile device with a valid US phone number
• Active service with a participating carrier
• The ability to send and receive SMS text messages

Mps Promotora is not responsible for:

• Carrier network issues, outages, or service interruptions
• Delayed or undelivered messages due to carrier issues
• Device compatibility issues or software limitations
• Messages filtered by carrier spam protection systems
• Changes to your carrier plan that affect SMS service
• Phone number changes or deactivations

If you change your phone number, you must update your information or re-subscribe with your new number to continue receiving messages.

9. User Obligations and Acceptable Use

By participating in this program, you agree to:

• Provide accurate, current, and complete contact information
• Notify us immediately if your phone number changes (email help@patentwellnessco.com)
• Not use the service for any unlawful purpose or to violate any laws
• Not attempt to abuse, spam, hack, or disrupt the service
• Not impersonate another person or entity
• Comply with all applicable local, state, federal, and international laws
• Maintain the confidentiality of your account information
• Accept responsibility for all activities that occur under your subscription

Violation of these obligations may result in immediate termination of your participation in the program without notice.

10. Privacy and Data Use

Your privacy is critically important to us. Information collected through this program is governed by our Privacy Policy, last updated November 3, 2025. By opting in, you consent to the collection and use of your information as described in our Privacy Policy.

Key privacy points:

• We collect: phone number, email address, consent timestamp, subscription status, and interaction data
• We use this information solely to provide the SMS service and improve your experience
• We do NOT sell, rent, or trade your phone number or personal information to third parties for their marketing purposes
• We may share information with service providers who help us operate the program (e.g., SMS platform providers like Twilio, Bandwidth)
• These providers are contractually required to protect your information and use it only to provide services to us
• We retain opt-out records indefinitely to comply with TCPA regulations
• You have the right to access, correct, delete, and port your personal information

For complete details on our privacy practices, including CCPA rights for California residents, please review our full Privacy Policy.

11. No Warranty and Limitation of Liability

This SMS service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. Mps Promotora makes no warranties, express or implied, regarding:

• Service availability, reliability, or uptime
• Accuracy, timeliness, or completeness of messages
• Compatibility with your specific device, carrier, or location
• Freedom from errors, bugs, viruses, or interruptions
• Delivery success rate or message receipt
• Fitness for a particular purpose or merchantability

Limitation of Liability: To the fullest extent permitted by applicable law, Mps Promotora shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to:

• Your use of or inability to use the SMS service
• Delayed, failed, duplicate, or erroneous message delivery
• Unauthorized access to or alteration of your information
• Statements or conduct of any third party
• Any other matter related to the SMS service
• Lost profits, revenue, data, or business opportunities

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12.1 Informal Dispute Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at help@patentwellnessco.com to attempt to resolve any dispute, claim, or controversy informally. We will attempt to resolve the dispute within 30 days of receiving written notice. You must include:

• Your full name and phone number used for the SMS program
• A detailed description of the dispute
• The relief or resolution you are seeking
• Any relevant documentation or evidence

12.2 Binding Arbitration Agreement

If we cannot resolve a dispute informally within 30 days, you agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the SMS service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as otherwise provided herein.

Arbitration terms:

• The arbitration will be conducted by a single, neutral arbitrator
• The arbitrator's decision and award will be final and binding, with very limited rights of appeal
• Arbitration will take place in a location convenient to you or remotely via video/phone conference
• Each party will bear their own attorney's fees and costs unless the arbitrator awards them to the prevailing party
• The arbitrator may award the same damages and relief as a court, including injunctive relief
• The arbitration will be confidential, and neither party may disclose the existence, content, or results without written consent

12.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. You waive any right to participate in a class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. All claims and disputes must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding. This waiver applies to class arbitration as well.

If a court or arbitrator finds this class action waiver unenforceable, then the arbitration agreement in Section 12.2 is void, and the dispute must be brought in court.

12.4 Exceptions to Arbitration

Notwithstanding the above, either party may:

• Bring an individual action in small claims court if the claim qualifies
• Seek injunctive or equitable relief in court for intellectual property infringement or misuse
• File a complaint with the Federal Communications Commission (FCC) or Federal Trade Commission (FTC)

12.5 Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State where Mps Promotora is headquartered (as indicated by Tax ID 49071917000176), without regard to its conflict of law provisions. Any court proceedings (if not subject to arbitration) shall be brought in the state or federal courts located in that jurisdiction, and you consent to personal jurisdiction there.

13. Modifications to Terms

Mps Promotora reserves the right to modify, suspend, or terminate the SMS program or these Terms at any time, with or without prior notice, in our sole discretion. We will make reasonable efforts to notify you of material changes by:

• Sending an SMS message to your registered phone number at least 7 days before changes take effect
• Posting a prominent notice on our website
• Sending an email notification to your registered email address
• Updating the "Last Updated" date at the top of this document

Your continued participation in the SMS program after changes are made and notice is provided constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you may opt-out by texting STOP or by contacting us at help@patentwellnessco.com.

We encourage you to review these Terms periodically. Changes are effective immediately upon posting or as otherwise specified in the notice.

14. Program Termination

Mps Promotora reserves the right to terminate your participation in the SMS program at any time, for any reason or no reason, including but not limited to:

• Violation of these Terms or any applicable law
• Abusive, fraudulent, or harassing behavior toward our staff or service providers
• Providing false, misleading, or fraudulent information during registration
• Attempting to abuse, game, or manipulate the program for unauthorized benefits
• Using profanity or offensive language in communications with us
• Technical issues with your phone number or carrier
• Discontinuation or modification of the SMS program
• Business reasons or operational changes

We will make reasonable efforts to notify you before terminating your participation, unless immediate termination is required for legal, safety, or security reasons. Upon termination, you will no longer receive messages from our program.

15. No Purchase Necessary

Consent to receive SMS messages is NOT a condition of purchase or use of any goods or services.

You are not required to subscribe to SMS messages to:

• Make purchases from Mps Promotora or our partners
• Use our website or mobile applications
• Access customer service or support
• Participate in promotions or contests (unless specifically stated)
• Return or exchange products
• Access your account or order history

Alternative methods of communication and purchase are always available. You may contact us via email at help@patentwellnessco.com, through our website contact form, or by phone if provided. We will never deny service, increase prices, or provide inferior service to customers who decline SMS messages.

16. Age Restriction and Parental Consent

You must be at least 18 years of age to participate in this SMS program. By opting in, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into this agreement
• If you are between 13-17 years old, you have obtained verifiable parental consent
• You are the authorized user or owner of the mobile phone number provided

Mps Promotora does not knowingly market to or collect information from individuals under 18 without parental consent. If we discover that we have inadvertently collected information from someone under 18 without proper consent, we will delete that information promptly. Parents or guardians who believe we have collected information from their minor child should contact us immediately at help@patentwellnessco.com.

17. Third-Party Services and Service Providers

We use third-party service providers to facilitate SMS delivery, analytics, and program management. These providers may include but are not limited to:

• SMS gateway and messaging platforms (e.g., Twilio, Bandwidth, MessageBird, Plivo)
• Cloud hosting and infrastructure providers (e.g., Amazon Web Services, Google Cloud, Microsoft Azure)
• Analytics and tracking services
• Customer relationship management (CRM) systems
• Email service providers for account communications

These service providers are contractually obligated to:

• Protect your information with appropriate security measures comparable to our own
• Use your information only to provide services to us, not for their own purposes
• Not disclose your information to other third parties without our authorization
• Comply with applicable privacy laws including CCPA, GDPR, and TCPA
• Delete or return your information upon termination of our business relationship

We carefully vet all service providers and require them to maintain strict confidentiality and security standards. However, we are not responsible for the practices of third-party providers beyond our reasonable control.

18. Compliance with Laws and Regulations

This SMS program is designed to comply with all applicable federal and state laws and regulations, including:

• TCPA: Telephone Consumer Protection Act - regulating automated calls and text messages
• CAN-SPAM Act: As applicable to commercial electronic messages and SMS
• CTIA Guidelines: Cellular Telecommunications Industry Association best practices for SMS messaging
• FCC Rules: Federal Communications Commission regulations governing telecommunications
• CCPA/CPRA: California Consumer Privacy Act and Privacy Rights Act
• GDPR: General Data Protection Regulation (for EEA residents)
• State Privacy Laws: Including but not limited to Virginia CDPA, Colorado CPA, Utah UCPA
• State Telemarketing Laws: Various state-specific telecommunications regulations
• A2P 10DLC Requirements: Carrier-mandated registration and compliance for application-to-person messaging

We monitor regulatory changes and update our practices accordingly. Our program has been operational since 2008 with a perfect compliance record.

19. Contact Information

For questions, concerns, complaints, or support related to this SMS program, please contact us through the following methods:

• Primary Contact Email: help@patentwellnessco.com
• Company Name: Mps Promotora
• Tax Identification Number: 49071917000176
• Established: 2008
• Business Address: [Available upon request via email]
• Response Time: 24-48 hours for most inquiries
• Escalation: For urgent matters, please mark email subject as "URGENT"

We are committed to resolving any issues or concerns promptly and professionally. Our customer service team is trained in TCPA compliance and consumer rights.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from these Terms.

The waiver of any breach or default shall not constitute a waiver of any subsequent breach or default. No waiver shall be effective unless made in writing and signed by an authorized representative of Mps Promotora.

21. Entire Agreement

These Terms and Conditions, together with our Privacy Policy (accessible at mpspromotora.patentwellnessco.com/privacy), constitute the entire agreement between you and Mps Promotora regarding the SMS program. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us.

No amendment, modification, or waiver of these Terms shall be effective unless in writing and signed by an authorized representative of Mps Promotora. The failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

22. Acknowledgment and Agreement

By opting into this SMS program, you acknowledge and agree that:

• You have read, understood, and agree to be bound by these Terms and Conditions in their entirety
• You have read and understood our Privacy Policy
• You have provided express written consent to receive SMS messages from Mps Promotora
• You understand that message and data rates may apply per your carrier plan
• You understand you can opt-out at any time by texting STOP
• You are at least 18 years of age
• You are the authorized user of the phone number provided
• The information you provided is accurate and complete
• You consent to the collection and use of your information as described
• You have the authority to agree to these Terms