Terms of Service (“TOS”)

Below is a comprehensive, industry‑standard TOS for Caleb Turner, doing business as SEO Rank Media (“SRM,” “we,” “our,” or “us“). It is tailored for a digital‑marketing agency that deploys Application‑to‑Person (“A2P“) SMS/MMS messaging, including 10DLC numbers, and aligns with current U.S. carrier, CTIA, TCPA, and FCC requirements (updated February 2025). Please review with counsel before publishing.

1. Acceptance & Scope

By accessing or using any SRM website, platform, API, campaign dashboard, or messaging service (collectively, “Services“), you (“Client,” “you,” or “User“) agree to be bound by this TOS, our Privacy Policy, and any supplemental service‑order forms. If you do not agree, do not use our Services.

2. Eligibility & Account Security

You must be at least 18 years old and able to form a binding contract. You are responsible for safeguarding login credentials and for all activity under your account.

3. Description of Services

SRM provides digital‑marketing solutions, including search‑engine optimization, email, social, and A2P SMS/MMS campaigns routed over short code, toll‑free, or 10DLC numbers.

4. A2P Messaging Compliance

4.1 Regulatory Framework

SRM complies with:

• Telephone Consumer Protection Act (TCPA) and FCC robotext rules.
• CAN‑SPAM Act (for commercial email) and CTIA Messaging Principles & Best Practices.
• Carrier 10DLC registration & vetting via The Campaign Registry (TCR).

4.2 Consent (Opt‑In)

• You must obtain express written consent from each subscriber prior to sending any SMS/MMS.
• At the point of collection you must disclose:
  • Your business name (Caleb Turner d/b/a SEO Rank Media or identifiable brand)
  • Purpose/description of messages
  • Message frequency or “recurring msgs” statement
  • “Msg & data rates may apply”
  • Links to these Terms and our Privacy Policy
• Double opt‑in is strongly recommended for lead‑generation sources.

4.3 Opt‑Out & Help

• Every campaign must support the universal keywords “STOP / END / CANCEL / UNSUBSCRIBE / QUIT” to cease messaging immediately, and “HELP” to provide customer‑care info.
• Opt‑out requests must be honored within 24 hours (best practice: instantly).
• Confirmation messages (e.g., “You have successfully unsubscribed”) may be sent once.

4.4 Content & Quiet Hours

• Prohibited content: illegal, deceptive, hate, harassment, SHAFT (sex, hate, alcohol, firearms, tobacco/vape), controlled substances, or any content barred by carriers or law.
• Unless the recipient expressly agrees otherwise, marketing messages must be sent only between 8 a.m. and 9 p.m. local time of the recipient (“quiet hours”).
• You must maintain and scrub internal Do‑Not‑Contact (DNC) lists and seed lists.

4.5 Message Throughput & Filtering

Carriers may filter, suspend, or terminate traffic that fails to meet these standards. SRM is not liable for carrier blocking, surcharges, or fines arising from Client violations.

5. Campaign Registration & Fees

• All 10DLC campaigns require brand and campaign registration with TCR; associated carrier and TCR fees will be passed through at cost.
• Monthly platform fees, per‑message rates, and optional professional‑service fees are set forth in your order form. Fees are non‑refundable unless required by law.

6. Client Obligations

1. Creative & Data Compliance: You will provide accurate message templates, links, and recipient lists that meet Section 4.
2. Recordkeeping: Maintain consent records for 4 years from last message.
3. Security: Implement reasonable technical and organizational measures to protect personal data.
4. Prohibited Uses: No spam, spoofing, pump‑and‑dump, phishing, or illegal sweepstakes. Violation may result in immediate suspension.

7. Intellectual Property

The SRM platform, trademarks, and content are owned by SRM. Client content remains your property; you grant SRM a worldwide license to use it solely for performing the Services.

8. Privacy

Our collection and use of personal data is described in our Privacy Policy. You represent that any personal data you provide was lawfully obtained and that you have provided required notices.

9. Disclaimers

Services are provided “as is” without warranties of any kind. We do not warrant uninterrupted or error‑free delivery, nor guarantee specific rankings or campaign performance.

10. Limitation of Liability

To the fullest extent allowed by law, SRM’s total liability for all claims shall not exceed the amount paid by Client to SRM in the 12 months preceding the event giving rise to liability. SRM shall not be liable for indirect, special, incidental, consequential, or punitive damages.

11. Indemnification

Client will defend, indemnify, and hold harmless SRM, its affiliates, and personnel from any third‑party claims arising out of: (a) Client content; (b) violation of law or this TOS; or (c) Client’s misuse of the Services.

12. Suspension & Termination

We may suspend or terminate Services if you breach this TOS, fail to pay fees, or if required by carrier or legal mandate. Upon termination, Sections 4, 7, 9–14 survive.

13. Modifications

We may update this TOS by posting a revised version with a “Last Updated” date. Material changes take effect 30 days after posting; continued use after that constitutes acceptance.

14. Governing Law & Dispute Resolution

This TOS is governed by the laws of the State of Delaware, USA, without regard to conflict‑of‑law rules. Any dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, unless prohibited by law.

15. Contact

Questions? Email [email protected].