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.