SMS Messaging Terms

1. Fossaris Messaging Program

Fossaris enables participating Dealerships to send authorized application-to-person (A2P) SMS messages to customers and other recipients. Depending on the consent provided and the Dealership’s use of Fossaris, messages may include customer-service communications, requested information, appointment or service reminders, vehicle-related communications, follow-up messages, offers, promotions, and other dealership communications.

The Dealership identified in the message or messaging interaction is the sender responsible for the applicable messaging relationship. Foundry & Grit provides the Fossaris technology used to facilitate messaging.

2. Consent to Receive Messages

Messages may be sent only after the recipient has provided the level of consent required for the particular message type under applicable law, carrier requirements, and messaging-industry standards. Consent must be freely given, informed, unambiguous, and specific to the sender and the subject matter of the messages.

Informational or transactional messages require appropriate prior consent. Marketing or promotional messages require prior express written consent where required. Consent to receive marketing text messages is not a condition of purchasing goods or services.

Consent for one type of communication does not automatically authorize unrelated communications. A Dealership must obtain additional consent when required before changing the subject matter or purpose of its messages.

3. Message Frequency and Charges

Message frequency varies. Message and data rates may apply. Charges depend on the recipient’s wireless service plan and carrier. Foundry & Grit and participating Dealerships do not control carrier charges.

4. Opting Out

Reply STOP to unsubscribe. A recipient may withdraw consent at any time by replying STOP to the number from which the message was received. Standard equivalent opt-out keywords may also be recognized where supported, including STOPALL, UNSUBSCRIBE, OPTOUT, CANCEL, END, REVOKE, or QUIT.

After an opt-out request is processed, one final confirmation message may be sent to confirm the opt-out. No additional messages covered by the withdrawn consent will be sent unless the recipient later provides new consent as required.

5. Help and Customer Support

Reply HELP for help. Recipients may also contact the Dealership identified in the message using the Dealership’s published contact information. Questions concerning the Fossaris platform or these Messaging Terms may be directed to Foundry & Grit at team [at] foundryandgritllc [dot] com.

6. Carrier Disclaimer

Carriers are not liable for any delayed or undelivered messages. Delivery is subject to wireless-network availability, carrier filtering, device status, and other factors outside Foundry & Grit’s and the Dealership’s control.

7. Dealership Responsibilities

Each Dealership using Fossaris is responsible for its messaging campaigns, recipients, message content, consent records, and compliance with applicable law and industry requirements. A Dealership must:

• obtain and maintain legally sufficient consent before sending messages;
• retain proof of consent, including the date and method of consent, for as long as required by law and at least until withdrawal where applicable;
• provide proof of consent when reasonably required for compliance, carrier, vendor, or dispute purposes;
• identify itself clearly as the sender except where an ongoing conversational exchange makes identification unnecessary;
• honor opt-out requests promptly and not message an opted-out recipient again unless new valid consent is obtained;
• use separate or otherwise legally sufficient consent when different campaign subjects or message types require it;
• ensure that consent is not purchased, sold, rented, transferred, or improperly obtained on behalf of another sender;
• ensure that any opt-in control is voluntary and is not preselected or improperly bundled into unrelated terms or transactions; and
• comply with applicable federal and state law, carrier requirements, CTIA guidance, and requirements of messaging providers used by Fossaris.

8. Opt-In Disclosures and Confirmation

Where a Dealership offers recurring SMS messaging, its opt-in presentation and confirmation must clearly identify the applicable brand or program, describe the messages, disclose that message frequency varies or state the applicable frequency, state that message and data rates may apply, explain how to obtain help, explain how to opt out, and provide or link to applicable terms and privacy disclosures.

Recurring-program enrollment should be confirmed promptly by text message with the applicable brand or program name, frequency disclosure, message-and-data-rate disclosure, HELP information, and STOP instructions.

9. Prohibited Messaging Practices

Fossaris may not be used to:

• send unsolicited, unwanted, deceptive, fraudulent, illegal, abusive, or unlawful bulk messages;
• send promotional messages without the consent required for promotional messaging;
• use purchased, rented, transferred, scraped, or otherwise unauthorized consent or recipient lists;
• intentionally alter spelling or use nonstandard opt-out language to evade filtering or compliance controls;
• spread substantially similar traffic across numbers to evade unwanted-message detection or carrier controls (“snowshoeing”);
• send simulated phishing, social-engineering, or similar security-testing messages through the messaging service;
• misrepresent the sender, purpose, source, or nature of a message;
• circumvent opt-out, suppression, rate-limit, carrier, vendor, or Fossaris compliance controls; or
• transmit content or support a use case prohibited by law, carrier rules, Foundry & Grit policy, or an applicable upstream messaging provider.

10. Monitoring and Messaging Providers

Fossaris uses third-party communications providers, including Twilio, to transmit and support SMS messaging. Consistent with applicable provider requirements, message content and related technical information may be processed or monitored for delivery, spam prevention, fraud detection, abuse prevention, security, and compliance with applicable messaging policies. Dealerships are responsible for providing notices and obtaining consents required for their use of the messaging service.

11. Mobile Information and Messaging Consent

Mobile information, including mobile phone numbers, text messaging originator opt-in data, and consent information, will not be shared, sold, rented, or otherwise disclosed to third parties or affiliates for their marketing or promotional purposes. This restriction does not prevent Foundry & Grit from using service providers as necessary to provide, secure, support, and operate the messaging service. Additional information is provided in the Foundry & Grit Privacy Policy.

12. Suspension and Enforcement

Foundry & Grit may block, suspend, restrict, or terminate messaging activity when reasonably necessary to address suspected spam, missing or invalid consent, excessive complaints, unlawful activity, carrier or provider requirements, security concerns, or violations of these Messaging Terms or the Foundry & Grit Terms of Service.

13. Privacy

Our handling of personal information, mobile information, messaging consent, communications records, and related data is described in the Foundry & Grit Privacy Policy. Recipients should also review the privacy disclosures of the Dealership with which they are communicating.

14. Changes to These Messaging Terms

We may update these Messaging Terms to reflect changes in Fossaris, applicable law, carrier requirements, or messaging-provider rules. The current version will be posted with its effective date.

15. Contact