SMS Terms of Service

1. The messaging program

We operate an SMS/MMS program for two related purposes:

Transactional / cart & checkout messages. Order confirmations, abandoned-cart reminders, payment and checkout status, shipping and delivery updates, appointment or visit reminders, account alerts, and one-time verification codes related to a purchase or account you initiated.

Marketing messages. Promotions, new products or services, restocks, discounts, loyalty or referral offers, educational content about our offerings, and similar marketing communications.

Messages may be sent using automated technology, including an automatic telephone dialing system. Message frequency varies and depends on your activity with us (for example, placing an order or leaving items in a cart). You may receive multiple messages in a short period around a purchase, and fewer messages at other times. Typical marketing volume is up to 5 messages per month; transactional volume varies with your orders and account activity.

Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

2. How you consent

You will only receive messages after you provide consent. Consent may be given on our website, at checkout, by keyword, in writing, or over a voice call. Voice-call approval is an accepted opt-in method for this program.

2.1 Voice-call / verbal approval

You may approve receiving marketing texts and cart/checkout texts during a live or recorded voice call with us (inbound or outbound), including sales, support, checkout assistance, and care-coordination calls.

On that call we will: (1) identify Captur / Cruz Bay Media LLC; (2) state that texts will cover cart, checkout, order, shipping, and marketing messages; (3) state that message frequency varies and that message and data rates may apply; (4) tell you how to opt out (reply STOP) and get help (reply HELP); (5) state that consent is not a condition of purchase; and (6) point you to these SMS Terms and our Privacy Policy. We will then ask you to approve. A clear spoken "yes," "I agree," "that's fine," or similar affirmative words after that disclosure is your consent to this program at the mobile number you confirm on the call.

We keep a record of voice-call consent: date and time of the call, the number dialed or received, the mobile number enrolled, the agent or system that obtained approval, that the disclosure was read, and your spoken approval. Calls may be recorded where permitted by law and where you are notified that the call may be recorded. After a voice-call yes, we typically send a confirmation text so you have the STOP/HELP language in writing.

You may refuse on the call. If you do not approve, we will not enroll that number in the SMS program.

Other accepted opt-in methods:

Website or checkout checkbox. You enter your mobile number and check an unchecked box that is specific to SMS (not bundled with email or general terms). Consent is not a condition of purchase or of receiving treatment or service.

Keyword opt-in. You text a published keyword (for example, START or JOIN) to our number.

Written or electronic form. You sign or electronically accept an intake, account, or consent form that includes the SMS disclosure.

Consent is specific to Cruz Bay Media LLC / Captur and to the message types described above. Consent is not transferable to other companies. You represent that you are the subscriber of the mobile number or are authorized by the subscriber, and that you are at least 18 years old.

Consent is not a condition of purchase and is not a condition of receiving products, services, or care. You can complete a purchase or checkout without agreeing to marketing texts.

2.2 Voice-call script we use

Agent reads this on the voice call before the customer says yes:

"If you provide your mobile number, we can text you about your order, cart and checkout status, shipping updates, and occasional marketing offers from Captur. Message frequency varies. Message and data rates may apply. You can reply STOP to cancel or HELP for help at any time. Consent is not required to buy from us. Our SMS Terms are at https://captur.live/sms-terms and our Privacy Policy is at https://captur.live/privacy. Do you agree to receive these text messages?"

A valid verbal "yes," "I agree," or similar clear affirmation after that disclosure is recorded as consent. If you do not agree, we will not enroll the number in the SMS program (we may still use the number for a one-time call-back if you asked us to call).

3. Commands

STOP (also STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT) — opt out of further messages. You will receive a single confirmation. After that we will not send marketing or program messages to that number unless you opt in again. Transactional messages strictly required to complete an existing order may still be sent where allowed by law until that order is finished; you can also ask us to use email or phone only.

HELP — receive help information and how to contact us.

START or YES — re-subscribe after a previous opt-out, if we support keyword re-opt-in.

You may also opt out by emailing support@captur.live or calling 305-528-1817 and asking us to stop texting that number. We honor opt-out requests made by any reasonable means as required by applicable law.

4. Support

For help with the messaging program:

• Reply HELP to any message
• Email: support@captur.live
• Phone: 305-528-1817
• Hours: 24/7

5. Privacy

We use the mobile number and related opt-in data only to send the messages you consented to, to maintain proof of consent, to honor opt-outs, and to operate and secure the program (including with our messaging provider, currently Twilio, and similar processors acting on our behalf).

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

See our full Privacy Policy for how we collect, use, and retain personal information.

6. Cost, delivery, and eligibility

The program is free from us. Your carrier's standard message and data rates may apply. Compatible carriers include major U.S. wireless providers; availability is not guaranteed on every network or device. We and the wireless carriers are not liable for delayed or undelivered messages.

7. Changes

We may update these SMS Terms. The "Last updated" date at the top will change when we do. Material changes to the types of messages we send will be disclosed before we rely on existing consent for the new use, where required by law.

8. Contact

Cruz Bay Media LLC dba Captur
9716 Estate Thomas, St Thomas, VI 00802
support@captur.live
305-528-1817

Appendix A — Website / checkout checkbox language

Use a separate, unchecked checkbox. Do not bundle SMS consent with "I agree to the Terms." Consent is not required to complete purchase.

I agree to receive recurring automated text messages from Captur about my cart, checkout, orders, shipping, and marketing offers (promotions, new products). Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase. Reply STOP to cancel, HELP for help. SMS Terms: https://captur.live/sms-terms | Privacy Policy: https://captur.live/privacy

Appendix B — Privacy Policy SMS clause

Add this as its own section in your Privacy Policy. Carriers look for the non-sharing sentence.

When you opt in to SMS, we collect your mobile number, the date and method of consent (website checkbox, checkout, spoken approval on a voice call, or keyword), and related delivery/opt-out records. We use this information to send the messages you requested, prove consent, honor opt-outs, and operate the program with our messaging providers (including Twilio) acting on our behalf.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Appendix C — Twilio campaign "how users consent" text

End users consent in three ways. (1) Voice call: during an inbound or outbound phone call an agent reads a disclosure covering order/cart/checkout texts and marketing texts, message frequency, message and data rates, STOP/HELP, that consent is not a condition of purchase, and links to our SMS Terms and Privacy Policy. The customer must give spoken approval ("yes" or equivalent) on the call. We log date, time, agent, numbers, and the affirmative response, and send a confirmation text. (2) Website/checkout: the customer enters a mobile number and checks an unchecked SMS-specific checkbox with the same disclosures; consent is not required to complete purchase. (3) Keyword: the customer texts START to our number. We do not share mobile opt-in data with third parties for their marketing.