SMS TERMS & CONDITIONS

TEXT MESSAGE COMMUNICATIONS

[ATTORNEY/FIRM NAME]

[WEBSITE URL]

Effective Date: [Date]

Last Updated: [Date]

IMPORTANT - PLEASE READ CAREFULLY

These SMS Terms & Conditions govern your receipt of text messages from [Attorney/Firm Name] regarding our business succession planning educational services and legal consultation opportunities. By providing your mobile phone number and opting in to receive text messages, you agree to be bound by these terms.

These SMS Terms supplement and should be read together with our Terms of Service and Privacy Policy. In the event of any conflict, these SMS-specific terms control with respect to text messaging communications.

1. CONSENT TO RECEIVE TEXT MESSAGES

1.1 Express Written Consent

By providing your mobile phone number and checking the SMS opt-in box on our registration form, you expressly consent to receive marketing and informational text messages from [Attorney/Firm Name] about business succession planning. This includes but is not limited to:

Educational content and insights about business succession planning
Appointment reminders and confirmations for scheduled consultations
Updates about our Business Succession Planning course
Occasional promotional offers related to our legal services
Important service announcements and updates

1.2 Scope of Consent

Your consent applies specifically to the mobile phone number you provided at the time of opt-in. If you change your phone number, you must update your information or opt in again with your new number to continue receiving messages.

1.3 Voluntary Consent

Providing your mobile phone number and consenting to receive text messages is completely voluntary. You are not required to consent to receive text messages as a condition of accessing our educational courseware or scheduling a consultation. However, if you opt in, you will receive valuable reminders and insights that enhance your learning experience.

2. MESSAGE FREQUENCY

2.1 Marketing Messages

You will receive approximately 2-4 marketing text messages per month containing educational content, insights, and occasional promotional information about business succession planning and our legal services.

2.2 Transactional Messages

In addition to marketing messages, you may receive transactional messages related to:

Course access credentials and login information
Appointment confirmations and reminders (if you schedule a consultation)
Password reset requests
Important account or service updates

Transactional message frequency varies based on your engagement with our services and scheduled appointments. These messages are separate from marketing messages and are necessary to provide the services you requested.

2.3 Frequency May Vary

The frequency stated above is an estimate. Actual message frequency may vary based on your activity, preferences, and our communications schedule. We reserve the right to adjust messaging frequency as needed to provide quality service, but will always strive to respect your time and attention.

3. MESSAGE AND DATA RATES

3.1 Carrier Charges

Standard message and data rates may apply based on your mobile carrier's service plan. Messages sent to and from [Attorney/Firm Name] may count toward your monthly text message allotment or incur per-message charges if you do not have an unlimited texting plan.

3.2 Your Responsibility

You are solely responsible for any charges imposed by your mobile carrier for receiving text messages. Please consult your mobile service provider to understand your specific plan details and any charges that may apply. We are not responsible for any fees or charges you incur from your mobile carrier related to text messaging.

3.3 Data Usage

While standard SMS text messages typically use minimal data, certain messages may include links to web content. Clicking these links and accessing web content may result in data usage charges from your carrier if you are not connected to WiFi.

4. HOW TO OPT OUT (STOP)

4.1 Instant Opt-Out

You may opt out of receiving marketing text messages at any time by replying with any of the following keywords to any message you receive from us:

STOP
UNSUBSCRIBE
CANCEL
END
QUIT

4.2 Processing Your Opt-Out

Upon receiving your opt-out request:

We will immediately stop sending you marketing text messages
Your opt-out will be processed within minutes
You will receive one final confirmation message stating: "You have been unsubscribed from [Attorney/Firm Name] text messages. Reply START to re-subscribe. For help, call [PHONE NUMBER]."
No further marketing messages will be sent unless you explicitly opt back in

4.3 What Opt-Out Does Not Affect

Opting out of text messages:

Does NOT unsubscribe you from email communications (manage email preferences separately through email unsubscribe links or our preference center)
Does NOT affect your access to our Business Succession Planning course
Does NOT cancel any scheduled consultations or appointments
Does NOT prevent transactional messages necessary to deliver services you specifically requested

4.4 Alternative Opt-Out Methods

You may also opt out by:

Visiting our preference center at [PREFERENCE CENTER URL]
Contacting us directly via email at [EMAIL ADDRESS] or phone at [PHONE NUMBER]
Sending written notice to [ATTORNEY/FIRM NAME], [STREET ADDRESS], [CITY, STATE ZIP]

5. HOW TO OPT BACK IN (START)

5.1 Re-Subscribing

If you previously opted out and would like to resume receiving text messages, you may opt back in by:

Replying START, UNSTOP, or YES to any previous message thread from us
Checking the SMS opt-in box on our website or course registration form
Contacting us directly to request re-subscription

5.2 Confirmation of Re-Subscription

Upon opting back in, you will receive a confirmation message stating: "Welcome back to [Attorney/Firm Name] text messages! You'll receive approximately 2-4 messages per month. Reply STOP to opt out. Reply HELP for help. Msg&data rates may apply."

5.3 Renewed Consent

By opting back in, you provide fresh consent to receive marketing text messages at the frequency and of the nature described in these terms. Your opt-in will be processed immediately.

6. HELP KEYWORD AND SUPPORT

6.1 Getting Help

If you need assistance or have questions about our text messaging service, reply HELP to any message from us. You will immediately receive a message with:

Contact information for support
Instructions for opting out
General information about our messaging program

6.2 Direct Support

You may also contact us directly for assistance:

[ATTORNEY/FIRM NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

Email: [EMAIL ADDRESS]

Phone: [PHONE NUMBER]

Our support team is available [BUSINESS HOURS] to assist with any questions or concerns about text messaging or our services.

7. SUPPORTED CARRIERS AND DEVICES

7.1 Carrier Compatibility

Our text messaging service is available to users with compatible mobile devices on participating wireless carriers operating in the United States. Supported carriers include but are not limited to:

AT&T
Verizon Wireless
T-Mobile
Sprint (now part of T-Mobile)
U.S. Cellular
Boost Mobile
Cricket Wireless
MetroPCS
Virgin Mobile
And many other regional and national carriers

7.2 Service Availability

While we work with carriers to ensure broad compatibility, we cannot guarantee that our text messaging service will work with all carriers, devices, or in all geographic areas. Service availability may be limited by:

Carrier coverage areas and network availability
Device compatibility with SMS/text messaging
International roaming restrictions
Carrier-specific filtering or blocking policies

7.3 Technical Issues

If you experience issues receiving messages, please:

Verify your phone number is correct in our system
Check that your device can receive text messages from other senders
Ensure you have adequate signal strength and network connectivity
Contact your mobile carrier to verify there are no blocks or restrictions on your account
Contact us for assistance if problems persist

8. DELIVERY AND TECHNICAL LIMITATIONS

8.1 Best Efforts Delivery

While we strive to deliver all text messages promptly and reliably, we cannot guarantee:

That every message will be delivered successfully
Specific delivery times or speeds
Service availability during carrier outages, maintenance, or technical issues
Compatibility with all mobile devices, operating systems, or carrier configurations
Delivery during periods of network congestion or in areas with poor signal coverage

8.2 Factors Affecting Delivery

Text messages may be delayed or fail to deliver due to factors beyond our control, including:

Mobile carrier technical issues, outages, or maintenance
Network congestion or coverage gaps
Device compatibility issues or settings
Incorrect or outdated phone number information
Account or billing issues with your mobile carrier
Carrier filtering or spam protection systems
Device storage limitations (full message inbox)

8.3 Your Responsibility to Stay Informed

Because text message delivery cannot be guaranteed, you should not rely solely on text messages for time-sensitive information. If you miss a message containing important information (such as an appointment reminder), we are not liable for any consequences. We recommend:

Checking your email for redundant notifications
Setting personal calendar reminders for important appointments
Contacting us directly if you expect a message and do not receive it

9. CARRIER LIABILITY DISCLAIMER

9.1 No Carrier Liability

Mobile carriers (AT&T, Verizon, T-Mobile, etc.) are not liable for delayed or undelivered messages. This is standard practice in the telecommunications industry. If you experience message delivery issues:

Contact us to verify the message was sent
Contact your mobile carrier to investigate delivery issues on their end
Consider alternative communication methods (email, phone calls)

9.2 Carrier Terms Apply

Your use of text messaging services through your mobile carrier is subject to your carrier's terms of service, privacy policy, and acceptable use policies. We are not responsible for carrier policies, practices, or technical limitations.

10. PRIVACY AND DATA SECURITY

10.1 Privacy Policy Governs

The collection, use, storage, and protection of your phone number and text message data is governed by our Privacy Policy, available at [PRIVACY POLICY URL]. Please review our Privacy Policy to understand how we handle your information.

10.2 Key Privacy Commitments

With respect to your phone number and text messaging, we commit to:

Never sell, rent, or share your phone number with third parties for their own marketing purposes
Secure storage: We store your phone number using industry-standard encryption and security measures
Limited use: We use your phone number only to send you the text messages you consented to receive and for related service purposes
Analytics only: We track message delivery, open rates, and engagement for service improvement and analytics purposes only
No unauthorized access: We implement controls to prevent unauthorized access to your phone number and message history

10.3 Service Providers

We use GoHighLevel and other trusted third-party service providers to deliver text messages. These providers are contractually obligated to protect your information and may only use it to provide messaging services on our behalf. They are prohibited from using your phone number for their own marketing purposes.

10.4 Your Privacy Rights

You have the right to:

Request access to the phone number and message data we have stored
Request correction of inaccurate phone number information
Request deletion of your phone number from our systems (subject to legal obligations)
Opt out of text messages at any time

To exercise these rights, contact us using the information in Section 6.

11. AGE VERIFICATION AND AUTHORIZATION

11.1 Age Requirement

Our text messaging service is intended for business owners and adults aged 18 and over. By providing your phone number and opting in to receive text messages, you certify that:

You are at least 18 years of age
You have the legal capacity to enter into this agreement
You are not prohibited by law from receiving marketing communications

11.2 Account Authorization

By providing a mobile phone number, you certify that:

You are the account holder for the phone number provided, OR
You have explicit permission from the account holder to receive text messages at that number
The phone number you provided is accurate and currently active
You have the authority to agree to these terms on behalf of the account holder

11.3 Unauthorized Use

Providing a phone number without proper authorization may violate federal law (Telephone Consumer Protection Act) and these terms. If we determine that a phone number was provided without proper authorization, we will immediately cease sending messages and may take additional action as appropriate.

12. CONTENT OF MESSAGES

12.1 Educational and Promotional Content

Text messages you receive from us may contain:

Educational tips and insights about business succession planning
Course updates and new content notifications
Appointment reminders and consultation confirmations
Invitations to schedule consultations or access new resources
Occasional promotional offers for legal services
Links to web content, articles, videos, or other resources

12.2 Not Legal Advice

IMPORTANT: Text messages you receive from us are for informational and educational purposes only. They do NOT constitute legal advice specific to your situation. Text messages:

Do not create an attorney-client relationship
Should not be relied upon as legal advice for your specific circumstances
Cannot substitute for personalized legal consultation
Represent general educational content only

For legal advice tailored to your business succession planning needs, you must schedule a formal consultation and enter into a written engagement agreement with [Attorney/Firm Name].

12.3 Links and Third-Party Content

Text messages may include links to our website, course materials, scheduling tools, or third-party resources. Clicking these links may:

Direct you to external websites not controlled by us
Require internet connectivity and may incur data charges
Subject you to the terms and privacy policies of third-party sites

We are not responsible for the content, accuracy, or practices of linked third-party websites.

13. MODIFICATIONS TO THESE TERMS

13.1 Right to Modify

We reserve the right to modify, update, or replace these SMS Terms & Conditions at any time at our sole discretion. Changes may be necessary to:

Comply with new laws or regulations
Reflect changes in our messaging practices
Respond to carrier requirements or industry standards
Improve clarity or address user questions

13.2 Notice of Material Changes

If we make material changes to these SMS Terms, we will notify you by:

Sending a text message notification to your mobile number
Updating the "Last Updated" date at the top of this page
Providing additional notice via email or on our website (if appropriate)

13.3 Acceptance of Changes

Your continued receipt of text messages after notification of changes constitutes your acceptance of the modified terms. If you do not agree to the modified terms, you may opt out at any time by replying STOP to any message.

13.4 Reviewing Current Terms

You may review the current version of these SMS Terms & Conditions at any time at [SMS TERMS URL]. We encourage you to check this page periodically for updates. The "Last Updated" date at the top indicates when these terms were most recently revised.

14. PROHIBITED USES AND CONDUCT

14.1 Your Obligations

You agree not to use our text messaging service to:

Engage in any unlawful activities or purposes
Impersonate others or provide false information about your identity
Harass, abuse, threaten, or intimidate our staff via text message
Attempt to hack, disrupt, or interfere with our messaging systems or infrastructure
Share or forward our proprietary content in violation of intellectual property rights
Use automated systems to interact with our messaging service
Attempt to reverse-engineer or discover our messaging methods or technologies

14.2 Consequences of Violation

Violation of these prohibited use provisions may result in:

Immediate termination of your access to text messaging services
Removal from our course and other services
Referral to law enforcement if criminal activity is suspected
Legal action to protect our rights and interests

14.3 Abusive Conduct

We have zero tolerance for abusive, harassing, or threatening communications. If you send inappropriate messages to our staff via text message, we will:

Document the communication
Immediately terminate your access to all services
Report to appropriate authorities if threats are made
Pursue legal remedies as appropriate

15. LIMITATION OF LIABILITY

15.1 No Liability for Delivery Issues

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [ATTORNEY/FIRM NAME] AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

Any direct, indirect, incidental, or consequential damages arising from your use of or inability to use our text messaging service
Text messages that are delayed, undelivered, misdirected, or intercepted
Any damages resulting from unauthorized access to your device or messages
Costs or charges imposed by your mobile carrier
Loss of business opportunities, appointments, or time-sensitive information due to message delivery failures
Technical issues, outages, or compatibility problems beyond our control

15.2 Service Provided "As Is"

Text messaging services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or uninterrupted service.

15.3 Maximum Liability

In no event shall our total liability to you for all damages, losses, and causes of action related to text messaging exceed the amount you paid us (if any) for services during the twelve (12) months prior to the event giving rise to liability.

15.4 Jurisdictional Limitations

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

16. DISCLAIMER REGARDING LEGAL ADVICE

16.1 Educational Purpose Only

All text messages you receive from [Attorney/Firm Name] are for informational and educational purposes only. Text message content:

Represents general principles and considerations
Cannot account for your unique business situation
Is not tailored to your specific legal needs
Should not be relied upon for important business decisions without consulting qualified professionals

16.2 No Attorney-Client Relationship

Receiving text messages from [Attorney/Firm Name]:

Does NOT create an attorney-client relationship
Does NOT establish any duty of confidentiality, loyalty, or representation
Does NOT constitute legal advice or counsel
Does NOT substitute for formal legal consultation

An attorney-client relationship is formed only when you and the attorney execute a written engagement agreement after a formal consultation, the attorney explicitly agrees to represent you, any required fees are paid, and the attorney confirms no conflicts of interest exist.

16.3 Seek Professional Advice

For legal advice specific to your business succession planning needs, please schedule a consultation with [Attorney/Firm Name] or another qualified attorney licensed in your jurisdiction. Do not make important legal or business decisions based solely on text message content.

17. GOVERNING LAW AND JURISDICTION

17.1 Governing Law

These SMS Terms & Conditions shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law provisions, and the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and related federal regulations.

17.2 Venue and Jurisdiction

Any legal action or proceeding arising out of or relating to these SMS Terms or your receipt of text messages shall be instituted exclusively in the state or federal courts located in [COUNTY], [STATE]. You irrevocably consent to the jurisdiction of such courts and waive any objection to venue in such courts.

17.3 TCPA Compliance

We are committed to full compliance with the Telephone Consumer Protection Act (TCPA) and related regulations. If you believe we have violated your rights under the TCPA or these terms, please contact us immediately so we can address your concerns.

18. MISCELLANEOUS PROVISIONS

18.1 Entire Agreement

These SMS Terms & Conditions, together with our Terms of Service and Privacy Policy, constitute the entire agreement between you and [Attorney/Firm Name] regarding text messaging, and supersede all prior agreements and understandings related to text messaging.

18.2 Severability

If any provision of these SMS Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these SMS Terms shall otherwise remain in full force and effect.

18.3 Waiver

No waiver of any term or condition of these SMS Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert a right or provision under these SMS Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these SMS Terms or your rights hereunder without our prior written consent. We may assign these SMS Terms at any time without notice or consent.

18.5 Contact for Questions

If you have questions about these SMS Terms & Conditions or our text messaging service, please contact us using the information provided in Section 6.

ATTORNEY CUSTOMIZATION CHECKLIST

DISCLAIMER: This checklist provides practical implementation guidance for using this template. It is not legal advice. Each attorney must review these SMS Terms & Conditions, determine their appropriateness for their specific practice and jurisdiction, and consult with their professional liability carrier or legal counsel as needed before adopting these terms.

Before publishing these SMS Terms & Conditions, please:

☐ Replace all bracketed placeholders [LIKE THIS] with your specific information
☐ Verify message frequency (2-4 per month) matches your actual SMS marketing strategy
☐ Confirm STOP/START/HELP keyword auto-responses are configured in GoHighLevel
☐ Test all keyword responses (STOP, START, HELP) to ensure they work correctly
☐ Complete 10DLC registration for your phone number through GoHighLevel
☐ Update course sign-up form to include link to these SMS Terms in opt-in checkbox
☐ Add SMS Terms link to your preference center/unsubscribe page
☐ Include SMS Terms URL in first text message sent to new subscribers
☐ Coordinate with Terms of Service and Privacy Policy to ensure consistency
☐ Verify governing law and jurisdiction provisions match your practice location
☐ Keep records of when users consent to SMS (GoHighLevel can track consent timestamps)
☐ Set up logging system for SMS opt-ins and opt-outs (Google Sheets recommended)
☐ Test end-to-end opt-in and opt-out process with a real phone number
☐ Ensure each attorney client has their own dedicated phone number (no sharing)
☐ Have these SMS Terms reviewed by your professional liability insurance carrier
☐ Set calendar reminder to review and update these SMS Terms at least annually

IMPLEMENTATION NOTES

Link to these SMS Terms in your course sign-up form SMS opt-in checkbox: "View SMS Terms"
Include SMS Terms URL during 10DLC campaign registration with carriers
Add SMS Terms link to preference center alongside email preference options
Include brief SMS Terms reference in your first text to new subscribers: "View terms: [URL]"
Create a simple URL redirect if needed: attorney-site.com/sms → attorney-site.com/sms-terms
Test STOP keyword monthly to ensure immediate opt-out processing
Keep a copy of carrier confirmation for your 10DLC registration showing these SMS Terms
If you make material changes to SMS practices, update these terms and notify active subscribers
Coordinate SMS Terms updates with Privacy Policy to maintain consistency on data handling

End of SMS Terms & Conditions Template