Effective Date: October 15, 2026 Version: 1.0 Applies to: All persons enrolled in, or considering enrollment in, a Company text message program.
Article 1: Introduction and Scope
1.1 This document governs each text message program the Company operates, including order and shipping updates, appointment reminders, account security alerts, and marketing messages. It states the consent each program requires, the frequency each program observes, and the immediate and unconditional opt-out available in each program, in accordance with the Telephone Consumer Protection Act, 47 U.S.C. § 227, and carrier requirements. Consent to electronic delivery generally is governed by the Electronic Communications Consent; this document governs text messages specifically.
1.2 If a provision of this document conflicts with the Terms of Use, this document controls for the text message subject it governs. If a provision of this document conflicts with the terms of a program in which the User participates, the program terms control for that program. Policies and help pages explain this document; they do not amend it, and in any conflict this document prevails, except as the preceding sentences provide.
Article 2: Definitions
2.1 In this document Account: the account a person or business establishes with the Company to use the Platform.
Company: All About Pawz, LLC, a Tennessee limited liability company.
Order: a Buyer's purchase of Products or Services through the Platform, accepted in accordance with the Order Formation and Acceptance Policy.
Platform: the websites, applications, and services the Company operates under the name All About Pawz, including aapawz.com.
Program: a single text message program operated by the Company for a single stated purpose, as described in Article 4. Consent is given and withdrawn Program by Program.
Services: services offered through the Platform, including grooming, veterinary, pharmacy, and fulfillment services, as applicable.
Site: aapawz.com and its subdomains.
User: any person who accesses or uses the Platform, whether or not the person holds an Account, and, for a Program, a person enrolled in that Program.
Article 3: Consent
3.1 Opt-in only. A text message Program is opt-in only. No person is enrolled in a Program by default, by checkout, by Account creation, or by providing a telephone number for another purpose. Enrollment is a separate affirmative act and constitutes prior express written consent, under the Telephone Consumer Protection Act, 47 U.S.C. § 227, to receive autodialed, prerecorded, or artificially generated messages at the number provided, for the Program enrolled in.
3.2 Program-specific consent. Consent is Program-specific. The Company operates separate Programs, and consent to one Program is not consent to another. Enrollment in order updates does not enroll the User in marketing messages, and the enrollment flows and consent records are separate for each Program.
3.3 What counts as enrollment. Enrollment consists of checking an unchecked box labeled for the specific Program, replying to an invitation keyword, or completing the enrollment flow for the specific Program. Enrollment does not consist of a pre-checked box, a telephone number field at checkout, a verbal assent to an employee, or continued use of the Site. The Company does not infer consent to a Text Message from any act other than the enrollment act.
3.4 Authority to enroll a number. A person who enrolls a number represents that the person is the subscriber of the number or is authorized to enroll it. Enrollment of another person's number is a violation of this document, and messages to that number stop as soon as the actual subscriber directs the Company to stop them, whether or not the subscriber uses the opt-out keyword in Article 5.
Article 4: Message Types and Frequency
4.1 The Company operates the following categories of Program (a) Order and shipping updates. Confirmation, shipment, delivery, and exception notices tied to the User's Orders. The frequency follows the User's Order activity; a User with no Orders receives no messages in this Program.
(b) Appointment reminders. Grooming and veterinary appointment confirmations and reminders. The frequency follows the User's bookings.
(c) Account security alerts. Notices of a login anomaly, a credential change, or a payout change. Messages in this Program are rare by design.
(d) Marketing. Promotions, new Products, and offers. This Program requires marketing text consent, separate from each Program in paragraphs (a) through (c), and messages are sent only at the frequency disclosed at enrollment.
4.2 Frequency cap. The marketing frequency disclosed at enrollment: stated in the form of a maximum number of messages per month: is a cap. The Company shall not exceed the disclosed frequency for a Program. Exceeding a disclosed frequency violates this document.
4.3 Channel separation. A message in a transactional Program is concise and confined to the transaction. A shipping notice contains the tracking information, not a product offer. Marketing content in a message sent under a transactional Program makes the message a marketing message, subject to the consent requirement for the marketing Program, as the Electronic Communications Consent provides.
Article 5: Opt-Out and Help
5.1 STOP. A User cancels a Program by replying STOP to any message in that Program. Opt-out is effective immediately on the Company's receipt of the keyword.
5.2 Confirmation. On opt-out, the Company sends one confirmation message and then no further messages under that Program, except a message required by law or strictly necessary to complete a transaction the User initiated and that is in progress, such as a fraud alert on a payment the User just made. Such an excepted message is not marketing and is not barred by the opt-out.
5.3 HELP. A User may reply HELP to any message for information stating what the Program is, how to opt out, and how to contact the Company. A HELP reply does not enroll the User, does not opt the User out, and changes nothing in the User's enrollment state.
5.4 Scope of an opt-out. Opting out of one Program does not opt the User out of another Program. A User who intends to leave every Program opts out of each Program; the HELP response identifies the Programs in which the User is enrolled.
5.5 Re-enrollment. Re-enrollment after an opt-out requires a fresh enrollment act under Article 3. The Company shall not re-enroll a lapsed number, shall not treat an opt-out confirmation as an enrollment, and shall not treat a subsequent purchase as re-consent.
Article 6: Cost, Carriers, and Delivery
6.1 Message and data rates may apply under the User's mobile plan. The enrollment disclosure states this before enrollment.
6.2 A carrier is not liable for a delayed or undelivered message. A text reminder supplements the underlying obligation; it does not create it. An appointment stands whether or not the reminder arrived, and the Company's notice obligations are satisfied through the Account channels stated in the Electronic Communications Consent, not solely through a text message.
6.3 The Company monitors delivery rates and opt-out rates per Program and reviews a Program whose opt-out rate rises materially.
Article 7: Number Changes and Reassignment
7.1 The User shall update the telephone number in the Account when the number changes. A message sent to the number in the Account is sent to a number for which consent is recorded.
7.2 The Company applies reassigned-number hygiene, including carrier deactivation signals and carrier feedback, to reduce messages to a person who has inherited a number. A person who receives a Company text message addressed to another person's Account shall reply STOP and notify support@aapawz.com; the Company shall investigate the reassignment and correct the record.
Article 8: Records
8.1 For each Program enrollment, the Company retains: the consent act: what the User did, when, through which flow, and for which Program; the disclosures shown at enrollment; each message sent, including content, time, and delivery status; and each opt-out event with its effective time. Records under this article are retained in accordance with the Privacy Policy.
8.2 In a dispute about consent, the records in clause 8.1 are the evidence.
Article 9: Liability
9.1 Exclusion of certain damages. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive, or consequential damages, or for lost profits, lost revenue, or loss of goodwill, arising out of or relating to this document, even if the party has been advised of the possibility of those damages.
9.2 Cap. To the fullest extent permitted by law, the Company's total liability arising out of or relating to this document shall not exceed the greater of (a) the amounts the User paid to the Company under this document in the twelve months before the event giving rise to the claim, or (b) one hundred dollars ($100).
9.3 Carve-outs. This article does not limit (a) a party's indemnification obligations under this document; (b) liability for fraud or willful misconduct; (c) amounts a party owes for Orders, fees, chargebacks, or refunds under this document; or (d) liability that cannot be limited under applicable law.
9.4 Essential purpose. The parties agree that this article allocates risk between them, that it is an essential part of the basis of their bargain, and that it applies even if a limited remedy fails of its essential purpose.
Article 10: Indemnification
10.1 Duty. The User shall indemnify, defend, and hold harmless the Company and its members, managers, employees, and agents from and against every claim, demand, action, loss, liability, judgment, settlement, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) the User's breach of this document, including enrollment of a number the User was not authorized to enroll; (b) the User's User Content; and (c) the User's violation of any law or of the rights of any person.
10.2 Procedure. The Company shall give prompt written notice of a claim under this article. The User shall control the defense with counsel reasonably acceptable to the Company. The Company may participate in the defense at its own expense. The User shall not settle a claim in a manner that imposes any obligation or restriction on the Company, or that does not release the Company fully, without the Company's prior written consent.
10.3 Survival. This article survives the termination of this document.
Article 11: Enforcement and Appeals
11.1 Investigation. The Company may investigate any suspected violation of this document. The User shall cooperate with an investigation and shall produce the records this document requires the User to keep.
11.2 Notice. If the Company determines that the User has violated this document, the Company shall give written notice stating the provision violated and the facts relied on, except where notice would compromise an investigation of fraud, a safety risk, or a legal obligation.
11.3 Opportunity to cure. Where a violation is capable of cure, the User has ten (10) business days from notice to cure it and to confirm the cure in writing. No cure period applies to fraud, counterfeiting, a risk to the safety of a person or an animal, unlawful conduct, or a violation that by its nature cannot be cured.
11.4 Measures. If a violation is established and is not cured within the period allowed, the Company may, proportionate to the violation: (a) issue a written warning; (b) remove or suppress a listing or content; (c) cancel an Order or a booking; (d) suspend the Account or a program participation, in whole or in part; (e) terminate this document and the Account; and (f) exercise any other right or remedy available under this document or at law.
11.5 Appeal. The User may appeal a measure under this article by written notice to legal@aapawz.com within thirty (30) days of the measure, stating the grounds and attaching the records relied on. The appeal is decided by a person who did not make the original decision. The Company's decision on appeal is final. A measure remains in effect during an appeal unless the Company directs otherwise in writing.
11.6 No waiver by delay. The Company's delay in acting on a violation is not a waiver of the violation or of any later violation of the same kind.
Article 12: Term and Termination
12.1 Term. This document takes effect when the User enrolls in a Program and continues until terminated under this article. Opt-out from every Program ends the User's participation; this document continues to govern messages sent and consent given before the opt-out.
12.2 Termination by the Company. The Company may terminate this document and the Account on thirty (30) days' written notice for any reason, and immediately on written notice if the User materially breaches this document, engages in fraud, or becomes ineligible to participate. The Company may discontinue a Program on notice to enrolled Users; discontinuation ends enrollment in that Program.
12.3 Termination by the User. The User may terminate participation in a Program at any time by the opt-out in Article 5, and may terminate this document on thirty (30) days' written notice to support@aapawz.com or by closing the Account, provided the User has no Order, booking, or investigation outstanding.
12.4 Effect of termination. On termination: (a) the rights granted under this document end; (b) obligations that arose before termination: including payment, refund, chargeback, record-keeping, and indemnification obligations: survive until satisfied; and (c) the Company shall pay amounts owed, less amounts the Company may set off under this document, within thirty (30) days, except amounts held in connection with an open investigation or dispute.
12.5 Survival. The Definitions, Liability, Indemnification, Enforcement and Appeals (for measures taken before termination), Dispute Resolution, and General Provisions articles survive termination.
Article 13: Dispute Resolution
13.1 Any dispute arising out of or relating to this document, or to the relationship it governs, is governed by the Dispute Resolution Policy, which is incorporated into this document by reference.
Article 14: General Provisions
14.1 Amendments. The Company may amend this document by posting the amended document in the Document Center and giving notice to the User at the email address in the Account. An amendment that materially increases the User's fees or obligations takes effect thirty (30) days after notice; other amendments take effect on posting. Continued use of the Platform after the effective date of an amendment is acceptance of it. If the User does not accept an amendment, the User's remedy is to terminate under Article 12 before the amendment takes effect.
14.2 Notices. Legal notices under this document shall be sent to legal@aapawz.com. Operational notices, reports of a reassigned number, and all other communications shall be sent to support@aapawz.com. A notice to the Company is effective when the Company acknowledges receipt or, for email, one business day after sending, whichever is earlier. Notices to the User are effective when sent to the email address in the Account or posted to the Account's notice facility in the portal, whichever occurs first. The User shall keep the email address in the Account current. DMCA notices are given as provided in the DMCA and Copyright Policy, to the designated agent at legal@aapawz.com.
14.3 Governing law. This document is governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Subject to the Dispute Resolution Policy, any proceeding arising out of this document shall be brought in the state or federal courts located in Shelby County, Tennessee, and the parties consent to personal jurisdiction there.
14.4 Severability. If any provision of this document is held unenforceable, the provision shall be enforced to the fullest extent permitted, and the remaining provisions continue in full effect.
14.5 Entire agreement. This document, together with the documents it incorporates by reference, is the entire agreement between the Company and the User for the subject it governs and supersedes every prior or contemporaneous statement, communication, or agreement on that subject, whether written or oral.
14.6 Assignment. The User shall not assign this document or any right or obligation under it without the Company's prior written consent, and an assignment without consent is void. The Company may assign this document to an affiliate or in connection with a sale of all or part of its business, on notice to the User.
14.7 Waiver. A waiver of any provision of this document is effective only in writing and only for the instance stated. No waiver is a waiver of any other provision or instance.
14.8 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This document shall not be construed against a party on the ground that the party prepared it. The English-language text controls over any translation.
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