SMS Terms and Conditions

Last updated:  2025/3/1

Please read these Beatbot SMS Terms and Conditions (the "Terms") carefully. By signing up for Beatbot's text message program ("Program"), or by submitting your telephone number or otherwise agreeing to receive text messages from or on behalf of Xingmai Innovation Technology (Suzhou) Co., Ltd. and its affiliates ("Beatbot"), you agree to be bound by these Terms, Beatbot's Terms of Service, and any other applicable terms related to your use of Beatbot's services.

PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION, BELOW.

By using, taking part in, and/or opting in to the Program, you expressly consent to receive recurring marketing, promotional, advertising and other similar messages regarding sales, discounts and other offers from Beatbot and any and all others texting on Beatbot’s behalf, including, but not limited to, its service partners, including text messages which may utilize or be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, softwares, hardwares, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, at the mobile telephone number associated with your opt-in. You may opt‑out of these communications at any time, and your consent to receive marketing text messages is not required and is not a condition to purchase any products or services.


How to Opt In

To opt in to the Program, please follow the instructions provided by the Program, such as through online or application-based enrollment forms, and completing the sign-up instructions found in the text message received.


How to Opt Out

If you do not wish to continue participating in the Program, or no longer agree to these Terms, text the single keyword command STOP to +18773850396 at any time. You may receive an additional mobile message confirming your decision to opt out. You understand that the text message program may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above and agree that Beatbot and its service providers will have no liability for failing to honor such requests. If you have subscribed to multiple mobile message programs of Beatbot and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their repsective mobile terms.


Message Frequency

Beatbot reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.


Duty to Notify and Indemnify

If at any time, you intend to stop using the mobile telephone number that you have used to opt-in or enroll in the Program, including but not limited to, canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the "How to Opt Out" process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms.
YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD BEATBOT HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY BEATBOT OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227) ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, AND ANY STATE OR FEDERAL EQUIVALENT LAW OR REGULATION THAT CONTAINS PROHIBITIONS ON THE SENDING OF TEXT MESSAGES, AND ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, RESULTING FROM BEATBOT ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.


Costs and Supported Carriers

Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages, as set forth more fully in these terms.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Beatbot, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.


Support

For service support or assistance, text HELP to +18773850396 or email service@beatbot.com about which you have questions. Please note that texting HELP to +18773850396 is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.


Access or Delivery to Mobile Network is Not Guaranteed

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. We are not liable for delayed or undelivered mobile messages.


Participant Device & Service Requirements

You must have a wireless device of your own, capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.


Eligibility and Change of Phone Number

By signing up for this Program, you warrant that you are 18 years of age or older, or the age of majority in the jurisdiction in which you reside (whichever is older). You further warrant that you are the current subscriber or authorized user of the telephone number you have provided.
We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.


Privacy

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.


Governing Law

These Terms shall be governed by the laws of the State of Texas, without reference to conflict of laws principles. Any suit to enforce this Agreement, to the extent such suit is excluded from the binding arbitration agreement set forth herein and below, shall be brought exclusively in the State and U.S. District Courts located in Houston, Texas and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.

Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).

Miscellaneous

You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing.
We reserve the right to change these Terms from time to time.
ANY CHANGES OR MODIFICATIONS TO THESE TERMS WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.