TEXT REMINDER ADDENDUM

Effective as of January 1, 2024 (Version Number: 45292)

All terms not defined herein shall have the meaning ascribed to them in the DAS Standard Incorporated Terms and Conditions.

Text Reminder – if the executed COF includes “Text Reminder” services in any form, the following additional terms and conditions apply:

1. Client is solely responsible for the information or content submitted, posted, transmitted or made available through Client’s use of the Services. Client may use the Services to transmit personalized wording and language (“Messages”) or direct DAS to make contacts via any channel to, or with, Client’s customers, partners, or other recipients (the “Recipients”). Client is responsible for maintaining the confidentiality of Client’s accounts and owner numbers and necessary codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with Client’s accounts whether or not authorized by Client including unintended usage due to holidays, daylight savings, computer clock errors or similar circumstances. Client acknowledges and agrees that DAS does not control nor monitor Client’s Messages nor guarantee the accuracy, integrity, security or quality of such Messages. Use of recording or taping any use of the Services by Client may subject Client to laws or regulations and Client is solely responsible for and obligated to provide any required notification to those being recorded or taped. Client represents and warrants that: (a) Client is solely responsible for Messages; (b) Client has the legal right to use and send all Messages to the Recipients; (c) the timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations; and (d) DAS’s use of the Messages as directed shall not violate the rights of any third party or any law, rules or regulation.
2. Client obtained prior express consent to contact each wireless phone number Client has delivered to DAS in connection with the provision of any Services delivering a prerecorded or text message (“Notification Services”) and the intended contact Recipient is the current subscriber to, or the non-subscriber customary user of, the wireless phone number. Upon request, Client shall provide reasonable proof of compliance with the provisions set forth in this section and DAS shall have no obligation to provide Services where DAS reasonably believes that Client has not so complied.
3. If the Messages are initiated to induce the purchase of goods or services or to solicit a charitable contribution (“Solicitations”), Client has incorporated an interactive opt-out mechanism as part of the program;
4. Client has, unless an exemption applies, obtained from the Recipient of any Solicitation an express written agreement that meets the requirements set forth in Section 310.4(b)(1)(v)(A) of the FTC’s Telemarketing Sales Rule and Section 64.1200(f)(8) of the FCC’s Telephone Consumer Protection Act Rules; and
5. The Parties agree that, where DAS reasonably believes Client may not have complied with the provisions of this Addendum or with all laws, rules and regulations, DAS may, at its option (i) scrub all numbers against any appropriate data base deemed necessary to remove all wireless phone numbers and promptly notify Client of such action, (ii) insert an interactive opt-out mechanism and pass the resulting data to Client, and/or (iii) temporarily suspend Services related to the compliance concern. Notwithstanding the foregoing, Client shall remain responsible for ensuring the Messages’ compliance with all laws, rules and regulations. 
6. CGM Connection – If the executed COF includes CGM connection services in any form, the following additional terms and conditions apply: 
   1. Client agrees to have DAS setup a third-party text reminder system if they choose to use it. The client will acknowledge this at a monthly subscription up to 3000 initial credits. SMS and email are one credit whereas voice is two credits/minute. There will be an additional charge for extra credits once they exceed 3000 per month. Standard texts are 160 characters, voice calls are per minute. Outbound and incoming response messages are separately counted.
7. Client shall indemnify, defend and hold DAS, its Affiliates and their officers, directors, employees and agents harmless from and against any and all claims of loss, damages, liability, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or resulting from DAS following Client’s instructions in sending the Messages or Client’s breach of any representation and warranty set forth in this Addendum.

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