SMS TERMS

1. THE PROGRAM

These SMS Terms (“Terms”) govern the text messaging program (the “Program”) offered by Black Forest Management Services LLC (“BFMS,” “we,” “us,” or “our”) to customers in the United States who opt in on blackforestmd.com (the “Site”). BFMS operates the Program on its own behalf and, for Transactional Messages, on behalf of your treating medical practice — the affiliated professional entity licensed in your state (the “Practice”) — as the Practice’s administrative and technology services provider.

The Program includes two categories of messages, each with its own opt-in:

• Transactional Messages — messages related to your order and account, such as intake reminders, order confirmations, and shipping updates.
• Marketing Messages — promotional messages from BFMS about Black Forest MD products, services, offers, and news.

You may opt in to either category, both, or neither. Opting in to one category does not opt you in to the other.

2. CONSENT TO TRANSACTIONAL MESSAGES

By checking the Transactional Messages opt-in box at checkout, you consent to receive automated text messages from BFMS and the Practice at the mobile number you provided, limited to the transactional purposes described in Section 1.

3. CONSENT TO MARKETING MESSAGES

By checking the Marketing Messages opt-in box, you provide your prior express written consent — as that term is used in the federal Telephone Consumer Protection Act (TCPA) and equivalent state telemarketing and telephone-solicitation laws — to receive recurring automated promotional and marketing text messages from BFMS at the mobile number you provided, sent using an automatic telephone dialing system, autodialer, or other automated technology. Your agreement to these Terms via the opt-in checkbox constitutes your electronic signature under the federal E-SIGN Act and applicable state electronic-transactions laws.

Consent to Marketing Messages is not a condition of purchasing any product or service, and is not a condition of receiving medical care. You can complete your order, and receive all Transactional Messages you separately opted in to, without agreeing to Marketing Messages.

4. GENERAL CONSENT TERMS

Message and data rates may apply. Consent applies only to the mobile number provided at the time of opt-in; if you change your number, you will need to opt in again with the new number. We may confirm your opt-in with a welcome message.

5. MARKETING CONTENT AND YOUR HEALTH INFORMATION

Marketing Messages are sent by BFMS as a retail brand communication. They do not contain clinical content, do not reference your diagnosis, prescription, or treatment, and are not medical advice. By opting in to Marketing Messages, you authorize BFMS to use your mobile number and customer status — which may indirectly reveal that you have a relationship with the Practice — to send you promotional messages. You may revoke this authorization at any time by opting out (Section 9); revocation will not affect messages already sent. Treatment, and your relationship with the Practice, are never conditioned on this authorization.

6. TEXT MESSAGES ARE NOT SECURE; NOT FOR EMERGENCIES

Standard SMS is not encrypted. Messages may be visible on your device’s lock screen, stored by your carrier, or accessible to anyone with access to your phone. By opting in, you acknowledge these risks. We keep message content to the minimum necessary and do not include diagnoses, medication names, or other clinical details in text messages.

The Program is not monitored in real time and must not be used for urgent or emergency communication. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room. Do not reply to a Program message with clinical questions; use the contact methods described in your patient portal instead.

7. MESSAGE FREQUENCY AND QUIET HOURS

Transactional Message frequency varies based on your order and account activity. Marketing Messages are recurring; we send up to 4 Marketing Messages per month, and no more than 3 Marketing Messages concerning the same subject in any 24-hour period.

We send Marketing Messages only between 8:00 a.m. and 8:00 p.m. in your local time zone, and not before noon on Sundays. Where the law of your state imposes stricter timing, frequency, or other requirements on marketing text messages, we follow the stricter requirement.

8. STATE-SPECIFIC PROVISIONS

Residents of certain states have additional rights under state telemarketing and telephone-solicitation laws, including (without limitation) the Florida Telephone Solicitation Act (Fla. Stat. § 501.059), the Oklahoma Telephone Solicitation Act, the Texas telephone-solicitation statutes (Tex. Bus. & Com. Code ch. 301–302), the Washington Commercial Electronic Mail and telephone-solicitation laws, and the Maryland Stop the Spam Calls Act. Nothing in these Terms limits any right or remedy you have under the law of your state. The quiet hours and frequency caps in Section 7 are designed to satisfy the strictest of these state requirements nationwide, and your opt-in under Section 3 is intended to constitute the signed, written consent required by these state laws as well as the TCPA.

9. HOW TO OPT OUT OR GET HELP

Reply STOP to any message at any time to opt out. The keywords STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT are honored the same way. Replying STOP opts you out of all Program messages — both categories. After you opt out, we will send one final message confirming your opt-out, and you will not receive further text messages from the Program unless you opt in again. Opt-out requests are honored promptly, and in all cases within ten (10) business days. Your number is added to our internal do-not-text list, which we maintain and honor across the Program.

If you opt out, we will deliver order and care-related information by other means, such as the email address on your account or your patient portal. Opting out does not cancel or otherwise change your order, your account, or your relationship with the Practice, and does not affect other communications you have separately agreed to receive, such as email.

Reply HELP to any message for assistance, or contact us at [email protected].

10. ELIGIBILITY AND YOUR PHONE NUMBER

The Program is available only to individuals 18 years of age or older located in the United States. By opting in, you represent that you are the account holder or authorized user of the mobile number you provided, that you are authorized to receive automated text messages at that number, and that you will notify us promptly at [email protected] if you change, deactivate, or lose access to that number. This helps prevent messages intended for you from being sent to a reassigned number.

11. CARRIERS AND DELIVERY

Carriers are not liable for delayed or undelivered messages. We use commercially reasonable efforts to deliver messages promptly, but delivery is subject to factors outside our control, including your carrier’s network, coverage, and your device’s settings. Do not rely on SMS as your sole source of time-sensitive information about your order or account.

12. THIRD-PARTY SMS PLATFORM

We use Twilio, Inc. (“Twilio”), a third-party messaging platform, to send and receive text messages for the Program. Twilio processes your mobile number and message content solely on our behalf to operate the Program, under a written agreement — including a Business Associate Agreement where required by law — that restricts Twilio’s use and disclosure of your information.

13. PRIVACY

Your mobile number, opt-in status, and message history are handled as described in our Privacy Policy and, where applicable, the Practice’s Notice of Privacy Practices. We do not sell your mobile number, and we do not share your mobile number, consent status, or opt-in data with third parties or affiliates for their own marketing purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, except as necessary to provide the Program (e.g., our messaging platform provider).

14. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to the Program. The “Effective Date” above reflects the most recent revision, and continued participation in the Program after an update constitutes acceptance of the revised Terms. We will not materially expand the categories or purposes of messages you receive based on your existing opt-in — any new message category would require your separate consent.

15. GENERAL

These Terms supplement, and are incorporated into, the Black Forest MD Terms of Service, including its provisions on governing law, dispute resolution, and arbitration, which apply to any dispute arising out of the Program.

16. CONTACT US

Black Forest Management Services LLC
Email: [email protected]