TERMS AND CONDITIONS OF BUSINESS
Last updated April 2026
Last Updated: April 2026
Key Terms Summary
The Service is provided on an “AS-IS” and “AS AVAILABLE” basis
Message delivery is not guaranteed and depends on third-party carriers
You are fully responsible for all Messages sent and all data collected
You must comply with all applicable laws including TCPA, CTIA, GDPR, and PECR
Prior express consent is required before sending marketing messages
Violations of messaging laws may result in significant penalties (e.g. $500–$1,500 per message under TCPA)
Connect98 may suspend or terminate your account without notice for non-compliance
Fees include subscriptions, usage, and pass-through carrier costs
No refunds are provided for breaches of these Terms
Liability is strictly limited
1. Definitions
“Connect98”, “Supplier”, “we”, “us” means the applicable Connect98 entity defined in Clause 2
“Customer”, “you” means the service or business using the Service
“Service” means the Connect98 SMS and data capture platform
“Messages” means SMS or MMS messages sent via the Service
“End User” means any recipient of Messages
“Applicable Laws” includes TCPA, CTIA guidelines, GDPR, UK GDPR, PECR, and all relevant telecom and data protection laws
“Account” means your registered account
2. Contracting Entity
2.1 Your agreement is with:
Connect98 Limited (UK) if you are based in the UK or EEA
Connect98 USA, LLC (Florida) if you are based in the United States
2.2 The applicable entity is determined by your primary place of business.
3. Description of Service
3.1 Connect98 provides a hosted, software-as-a-service platform for:
sending SMS/MMS Messages
capturing customer data via QR codes and input interfaces
managing messaging campaigns
3.2 The Service facilitates messaging but does not control or determine:
message content
recipients
timing or legality of Messages
3.3 Message delivery depends on third-party carriers and networks.
3.4 Connect98 does not guarantee:
delivery of Messages
timing of delivery
availability of any specific network
4. Customer Responsibilities
4.1 You are solely responsible for all Messages sent using the Service.
4.2 You must comply with all Applicable Laws at all times.
4.3 You must obtain valid consent from End Users before sending Messages, including:
US: prior express written consent where required (TCPA)
UK/EU: lawful basis and compliant opt-in (GDPR/PECR)
4.4 You must:
clearly identify yourself in Messages
provide opt-out instructions (e.g. STOP)
honour opt-out requests promptly
maintain accurate records of consent
4.5 You must not:
send unsolicited or unlawful Messages
use purchased, scraped, or third-party lists without valid consent
send misleading, abusive, or harmful content
4.6 You are fully responsible for compliance with:
TCPA, CTIA guidelines (US)
GDPR / UK GDPR / PECR (UK/EU)
all carrier and 10DLC requirements
4.7 Connect98 does not provide legal advice and does not guarantee that your use of the Service will ensure compliance with any laws.
4.8 You are solely responsible for determining the legality of your messaging and data collection activities.
5. Messaging Compliance & Carrier Rules
5.1 You must comply with all carrier rules and messaging regulations.
5.2 For US messaging, you must ensure:
accurate 10DLC registration
appropriate campaign classification
compliant message content
5.3 Carriers may filter, block, or delay Messages at their discretion.
5.4 Connect98 may monitor, filter, block, or suspend messaging activity where it reasonably suspects non-compliance.
5.5 Such action may be taken without notice.
6. Opt-Out Handling
6.1 The Service may provide automated opt-out functionality (including STOP processing).
6.2 This functionality is provided as a technical feature only.
6.3 You remain solely responsible for ensuring that opt-out mechanisms:
meet legal requirements
are correctly implemented
are clearly communicated to End Users
7. Data Protection
7.1 You are the Data Controller. Connect98 acts as a Data Processor.
7.2 You warrant that you have all necessary rights and lawful bases to process personal data.
7.3 Connect98 will:
process data only on your instructions
implement appropriate security measures
not use your data for its own marketing
7.4 A separate Data Processing Agreement (DPA) may apply and forms part of these Terms.
8. Fees, Billing & Refunds
8.1 You agree to pay all applicable fees, including:
subscription charges
message usage fees
setup or compliance fees
8.2 Carrier or third-party cost increases may be passed through to you.
8.3 Fees are billed on a recurring basis where applicable.
8.4 No refunds are provided for:
breaches of these Terms
suspended or terminated accounts
9. Suspension & Termination
9.1 Connect98 may suspend or terminate your Account immediately if:
you breach these Terms
unlawful or non-compliant messaging is suspected
payments are overdue
required by carriers or regulators
9.2 Suspension may occur without prior notice.
9.3 Connect98 may act to protect:
legal compliance
network integrity
third parties
10. Availability & Service Levels
10.1 The Service is provided on an “AS-IS” and “AS AVAILABLE” basis.
10.2 We do not guarantee uninterrupted or error-free operation.
10.3 SMS delivery is subject to:
carrier filtering
network delays
outages beyond our control
11. Limitation of Liability
11.1 To the maximum extent permitted by law, Connect98 shall not be liable for:
indirect or consequential losses
loss of profits, revenue, or business
message delays or non-delivery
11.2 Connect98 is not liable for:
regulatory fines or penalties
claims arising from your messaging activities
11.3 Total liability is limited to the fees paid in the previous 12 months.
11.4 Nothing excludes liability that cannot be excluded by law.
12. Indemnity
You agree to indemnify Connect98 against any claims, losses, or damages arising from:
your Messages or campaigns
failure to obtain valid consent
breach of Applicable Laws
claims from End Users, regulators, or carriers
13. Acceptable Use
You must not use the Service for:
spam or unsolicited messaging
unlawful, fraudulent, or deceptive activity
abusive or harmful content
impersonation or misleading communications
Connect98 may restrict or remove access for violations.
14. Governing Law
14.1 If you contract with Connect98 Limited, these Terms are governed by the laws of England and Wales.
14.2 If you contract with Connect98 USA, LLC, these Terms are governed by the laws of the State of Florida.
14.3 You agree to the exclusive jurisdiction of the relevant courts.
15. Updates to Terms
15.1 Connect98 may update these Terms at any time.
15.2 Continued use of the Service constitutes acceptance of any updates.
“We have been customers of Connect98 across the group for several years now and consider them to be a valued business partner. Their service allows us to create a very valuable database of customers mobile numbers.
A short message with a little incentive always generates more business. Text marketing also helped us enormously when we came out of lockdown. It was the quickest and easiest way to let our customers know we were open again.”
Vinay Bhudia, General Manager,
Tiger Bay International
“One of the most useful features of the Connect98 system is that we can send messages out from Head Office to all our customers, or just locally from any location. We also run competitions using different keywords and always get a great response from that.
Because the response to text is almost immediate, we can send out announcements relating to real-time weather conditions, eg ‘Come and bowl when it is too hot, too cold, too wet...’”
Ana Pinto, Head of Marketing,
Namco Funscape (10-pin bowling)
“Vaping manufacturers are continually adding new products and different, updated vaping devices to their range. Rather than waiting for customers to come into any of our shops to see what is new and available, we often send a text message. We can include in this a link to our website where they can explore the entire range.
I would recommend Connect98 to any retailer that wants to encourage repeat business. It is a great way to stay in touch.”
David Carmichael, Owner,
Carmichaels Vaping
“We started using Connect98 a few months before lockdown and thank goodness we did. Coming out of lockdown it seemed like the whole country needed a haircut and every hairdresser was trying to greet them. We got in first, sent a message out as soon as Boris made his announcement and within 24 hours nearly 20% of our database had made appointments. It is all about getting there first. You know what they say, ‘if you snooze – you lose’.”
Lisa Harris, Owner,
Colour By Lisa
“The course was flooded a few years back and we had to let all our members know that it was unplayable. There was no point in sending an email as that may not be read for days. We ended up phoning all our most likely effected members. Following that incident, we decided to look at SMS as a medium for communicating quickly, mainly because of its instant impact and high open-rate.
The Connect98 platform suited all our requirements and even allowed us to capture the numbers of our ‘Pay & Play’ visitors. We now use it on a regular basis to advise of spare Tee times and Clubhouse events. We are very happy with the service they provide.”
Andrew Killing, General Manager,
Thorney Park Golf Club
“Connect98 has been extremely useful to us in keeping all my therapists busy throughout the day. We can determine when our advance bookings have dropped, and send out incentives to fill those slots. We also use the loyalty scheme rather than printing and stamping cards.”
Rumana Merali, Owner,
Rumiz Beauty Studio
“At Santa Pod we have been using texting and Connect98 for a long time. We are able to grow the size of our customer database when we interact with them on event days.
Between races we ask visitors to text us using ‘POD’ to 60163, followed by a record they would like to hear, or a Birthday/Anniversary they would like read out. With Connect98’s real-time monitoring our PA announcer is able to see these requests as they come in. We are also able to capture the mobile number and adding it to our database, we then have more people to market to for future events.”
Caroline Holden, Commercial Manager,
Santa Pod Drag Racing