SMS CONSENT AGREEMENT

1. SMS CONSENT OVERVIEW

By opting into SMS communications with nYtevibe, you consent to receive text messages at the phone number you provide. This agreement explains the types of SMS messages you may receive, how to opt-out, and your rights regarding SMS communications.

2. TYPES OF SMS COMMUNICATIONS

2.1 Security & Authentication SMS

Purpose: Account security and authentication

Examples:

• Two-factor authentication codes
• Password reset verification codes
• Account security alerts
• Login notifications
• Suspicious activity alerts

Frequency: As needed for account security

Opt-in Required: Yes, separate consent required

Opt-out Available: Yes, at any time

2.2 Service Notifications SMS

Purpose: Platform services and user experience

Examples:

• Booking confirmations and reminders
• Event updates and changes
• Venue promotions and special offers
• Platform updates and new features
• Customer service communications

Frequency: Up to 10 messages per month

Opt-in Required: Yes, separate consent required

Opt-out Available: Yes, at any time

3. CONSENT REQUIREMENTS

3.1 Express Written Consent

• You must explicitly opt-in to receive SMS communications
• Consent is obtained through clear checkboxes during registration
• Each type of SMS requires separate consent
• Consent can be withdrawn at any time

3.2 Consent Information

When you opt-in, you consent to:

• Receive SMS messages at the phone number you provide
• Pay any applicable message and data rates
• Receive messages from nYtevibe and our service providers
• Allow us to track message delivery and engagement

3.3 Consent Withdrawal

You can withdraw consent at any time by:

• Replying "STOP" to any SMS message
• Updating your preferences in your account settings
• Contacting our support team at legal@nytevibe.com
• Using the opt-out link in SMS messages

4. MESSAGE FREQUENCY AND TIMING

4.1 Security SMS

• Frequency: As needed for account security
• Timing: Immediate when security actions are required
• Examples: Login attempts, password changes, security alerts
• No Frequency Limit: These messages are essential for account security

4.2 Service Notifications SMS

• Frequency: Up to 10 messages per month
• Timing: During business hours when possible
• Examples: Booking reminders, event updates, promotions
• Frequency Control: You can adjust frequency in account settings

4.3 Emergency Communications

• Frequency: As needed for safety and security
• Timing: Immediate regardless of opt-in status
• Examples: Safety alerts, platform outages, security breaches
• Cannot Opt-out: These are essential safety communications

5. MESSAGE CONTENT AND FORMAT

5.1 Message Content

SMS messages will include:

• Clear identification of nYtevibe as the sender
• Relevant information for the message type
• Opt-out instructions (for non-security messages)
• Contact information for support

5.2 Message Format

• Length: Standard SMS length (160 characters or less)
• Language: English (primary), other languages as available
• Encoding: Standard SMS encoding
• Links: Shortened URLs when necessary

5.3 Message Examples

Security SMS Example:

Service SMS Example:

6. DATA COLLECTION AND USE

6.1 Information Collected

When you opt-in to SMS communications, we may collect:

• Phone number and carrier information
• Opt-in timestamps and IP addresses
• Message delivery and engagement data
• Opt-out requests and preferences
• Communication history and patterns

6.2 How We Use SMS Data

We use SMS data to:

• Deliver messages to your phone
• Track message delivery and engagement
• Improve our SMS services
• Comply with legal requirements
• Provide customer support

7. COSTS AND CHARGES

7.1 Message and Data Rates

• Standard message and data rates may apply
• Charges depend on your mobile carrier and plan
• We do not charge additional fees for SMS messages
• Check with your carrier for specific rates

7.2 International Messages

• International SMS rates may apply for messages sent outside your country
• Rates vary by carrier and destination
• We will notify you of international charges when applicable

8. OPT-OUT PROCEDURES

8.1 Immediate Opt-out

You can opt-out immediately by:

• Replying "STOP" to any SMS message
• Texting "UNSUBSCRIBE" to our SMS number
• Calling our support number and requesting opt-out

8.2 Account Settings Opt-out

You can opt-out through your account:

• Log into your nYtevibe account
• Go to Settings > Communication Preferences
• Uncheck the SMS options you want to disable
• Save your preferences

8.3 Support Team Opt-out

You can contact our support team:

• Email: legal@nytevibe.com
• Live Chat: Available on our website
• Mail: E&EL Global Inc., 16192 Coastal Highway, Lewes, DE 19958

8.4 Opt-out Confirmation

• You will receive confirmation of your opt-out
• Opt-out takes effect within 24 hours
• You may receive one final message confirming opt-out
• You can opt back in at any time

9. LEGAL COMPLIANCE

9.1 TCPA Compliance

Our SMS communications comply with the Telephone Consumer Protection Act (TCPA):

• Express written consent obtained before sending
• Clear identification of sender in all messages
• Easy opt-out mechanisms provided
• Reasonable frequency limits maintained
• No calls to numbers on the National Do Not Call Registry

9.2 CAN-SPAM Compliance

Our email communications comply with the CAN-SPAM Act:

• Clear sender identification
• Honest subject lines
• Easy unsubscribe options
• Physical address included

10. PRIVACY AND SECURITY

10.1 Data Protection

We protect your SMS data by:

• Encrypting data in transit and at rest
• Limiting access to authorized personnel
• Regular security assessments
• Compliance with industry standards

10.2 Data Retention

We retain SMS data for:

• Delivery Records: 90 days
• Opt-in/Opt-out Records: 3 years
• Analytics Data: 2 years
• Legal Requirements: As required by law

11. THIRD-PARTY SERVICES

11.1 SMS Service Providers

We use third-party services to deliver SMS messages:

• Primary Provider: Twilio
• Backup Providers: Other reliable SMS services
• Data Sharing: Limited to message delivery
• Security: All providers maintain appropriate security measures

11.2 Provider Responsibilities

Our SMS providers are required to:

• Maintain appropriate security measures
• Comply with applicable laws
• Protect your personal information
• Provide reliable message delivery

12. UPDATES TO THIS AGREEMENT

12.1 Agreement Changes

We may update this SMS Consent Agreement from time to time. We will notify you of material changes by:

• Sending SMS notification (if you're opted in)
• Posting notice on our Platform
• Sending email notification
• Updating the "Last Updated" date

12.2 Continued Consent

Your continued use of SMS services after changes constitutes acceptance of the updated agreement.

13. CONTACT INFORMATION

For questions about SMS communications or this agreement:

• Email: legal@nytevibe.com
• Address: E&EL Global Inc., 16192 Coastal Highway, Lewes, DE 19958

14. DISPUTE RESOLUTION

14.1 Governing Law

This agreement is governed by the laws of the State of Delaware.

14.2 Dispute Resolution

Any disputes will be resolved through:

• Good faith negotiations
• Mediation if negotiations fail
• Binding arbitration if mediation fails
• Courts of competent jurisdiction as last resort

15. ACKNOWLEDGMENT

By opting into SMS communications, you acknowledge that:

• You have read and understood this agreement
• You consent to receive SMS messages as described
• You understand the costs and opt-out procedures
• You agree to the terms and conditions outlined