HeyDoWhat SMS / Text Messaging Terms

Last Updated: July 21, 2026
Effective Date: July 21, 2026

1. Overview and Agreement to These SMS Terms

These SMS / Text Messaging Terms (these "SMS Terms") govern the text-message programs, alerts, notifications, and related messaging workflows (each, a "Program") operated by or on behalf of HeyDoWhat LLC, a Wyoming limited liability company ("HeyDoWhat," "HDW," "we," "us," or "our"), in connection with the HeyDoWhat platform, websites, applications, products, services, features, and related technology systems (collectively, the "Platform").

As used in these SMS Terms, "text message" and "message" mean any message sent to or from a mobile telephone number using Short Message Service (SMS), Multimedia Message Service (MMS), Rich Communication Services (RCS), or any successor, replacement, or substantially similar mobile messaging format, regardless of the technology, protocol, sending identifier, messaging provider, or service provider used to send or deliver it.

These SMS Terms constitute Supplemental Terms under, are incorporated into, and form part of the HeyDoWhat Terms of Service (the "Terms of Service"). Capitalized terms used but not defined in these SMS Terms have the meanings given in the Terms of Service.

In the event of a direct conflict between these SMS Terms and the Terms of Service, these SMS Terms control solely with respect to Program identification, SMS consent and enrollment, message frequency, opt-out scope and processing, re-enrollment, feature commands, mobile-number obligations, message delivery, and operation of the Programs. The Terms of Service control in all other respects, including dispute resolution, arbitration, the arbitration administrator and rules, governing law, venue, class-action and jury-trial waivers, exceptions to arbitration, and arbitration opt-out rights. The general provisions of the Terms of Service apply to these SMS Terms as provided in Section 15 of these SMS Terms.

By enrolling in, opting in to, consenting to, requesting, sending messages to, or otherwise participating in a Program after being presented with the applicable disclosures, you agree to these SMS Terms and the Terms of Service. You also acknowledge that HeyDoWhat's collection, use, disclosure, retention, and processing of information in connection with the Programs is described in the HeyDoWhat Privacy Policy. Sending an opt-out request, a HELP request, or a feature command does not, by itself, enroll you in any Program or constitute agreement to these SMS Terms.

PLEASE NOTE: The Terms of Service contain provisions governing binding individual arbitration, a class action waiver, jury trial waiver, exceptions, and related dispute-resolution matters. Except as expressly provided in the Terms of Service, disputes arising out of or relating to these SMS Terms, any Program, or any message sent or received under a Program are subject to those provisions, as described in Section 14 below.

2. The Programs

2.1 Account & Operational Alerts:
The Account & Operational Alerts Program is a non-marketing, transactional, functional, security, and operational text-message Program. Messages under this Program may include:

• (a) one-time passcodes, security codes, phone-verification messages, account-registration messages, login messages, authentication messages, password-reset messages, fraud-prevention messages, account-access messages, and other account-security messages;
• (b) virtual waitlist and queue notifications for waitlists or queue sessions you join or initiate through the Platform, including enrollment confirmations, place-in-line updates, approaching-turn updates, ready notifications, hold notices, expiration notices, missed-turn notices, session-completion notices, and other waitlist-session or queue-session updates;
• (c) non-promotional feedback requests relating to a specific waitlist, queue, booking, redemption, merchant visit, or Platform interaction you initiated;
• (d) notices that are directly responsive to a specific request you submitted to HeyDoWhat or to a specific action you initiated on the Platform, such as a notice confirming completion of, or responding to, a security, verification, account, booking, redemption, or support request you made; provided that no message sent under this Section 2.1(d) will contain any advertisement, offer, deal, discount, promotion, price, product or merchant recommendation, or any solicitation or encouragement to purchase, and provided further that any early-access, service-availability, new-merchant, onboarding, merchant-participation, or similar availability announcement will be sent, if at all, only by email or in-application message, or under a marketing Program in accordance with Section 2.2 and Section 3.2, and will not be sent as an Account & Operational Alert;
• (e) service, security, account, wallet, In-App Credit, Reward Point, refund, cancellation, booking, redemption, check-in, Redemption Credential, QR-code, expiration, account-value, and Platform-operational notices, to the extent such message types are enabled by HeyDoWhat from time to time; and
• (f) other non-marketing notices relating to your account, your requested Platform activity, your use of Platform features, or the security, integrity, operation, or administration of the Platform.

This Program does not include marketing or promotional text messages.

2.2 Future Marketing Messages:
HeyDoWhat may offer one or more separate marketing text-message Programs in the future, including Programs for offers, deals, promotions, discounts, new-merchant announcements, merchant-related promotions, Platform updates, category alerts, neighborhood alerts, event alerts, or other promotional content. You will not receive marketing text messages unless you separately opt in to the applicable marketing Program after receiving marketing-specific disclosures. Consent to receive Account & Operational Alerts is not consent to receive marketing text messages. Creating an account, joining a waitlist, requesting a security code, using the Platform, purchasing a Product, receiving Account & Operational Alerts, or agreeing to these SMS Terms does not enroll you in marketing text messages.

2.3 Separate Programs; Separate Consent:
Each Program requires consent appropriate to that Program and may be operated from a separate telephone number, short code, toll-free number, long code, 10DLC number, messaging profile, campaign, or other sending identifier. A consent or opt-in for one Program is not consent or opt-in for any other Program unless you are separately and clearly asked to consent to multiple specifically identified Programs in a manner permitted by applicable law. The scope of any opt-out request is determined under Section 6.4.

2.4 HeyDoWhat Sender; Service Providers:
Programs are operated by HeyDoWhat or by service providers acting on HeyDoWhat's behalf. Merchants do not control, initiate, or send Programs under these SMS Terms unless HeyDoWhat expressly states otherwise in a separate written program disclosure. No Merchant is authorized to use HeyDoWhat's Programs to send marketing text messages to you, and no consent given under these SMS Terms authorizes any Merchant to send you text messages outside the Platform.

3. Enrollment and Consent

3.1 Account & Operational Alerts:
You consent to receive Account & Operational Alerts by taking an action, after being shown the applicable SMS disclosure at the point of collection or request, that requires or requests SMS delivery. No separate opt-in checkbox or standing enrollment step is required for Account & Operational Alerts, and HeyDoWhat does not condition its provision of Account & Operational Alerts on any such step; the action you take, together with the disclosure presented to you at that time, establishes your consent, consistent with the transactional, security, and operational nature of these messages.
Actions that establish consent under this Section 3.1 include:

• (a) providing your mobile number to register for, verify, secure, or recover an account;
• (b) requesting a one-time passcode, security code, phone-verification message, authentication message, login message, or password-reset code, in which case your request authorizes the requested message and any non-marketing messages reasonably necessary to complete or respond to that specific request;
• (c) joining a merchant waitlist or initiating a queue session, in which case your join authorizes the limited set of queue lifecycle messages associated with that session as described in Section 4 and the HeyDoWhat Queue Terms; and
• (d) otherwise using a Platform feature that requires or supports SMS-based operational messaging.

Your consent under this Section 3.1 extends only to non-marketing Account & Operational Alerts. Merely creating an account, agreeing to these SMS Terms, agreeing to the Terms of Service, acknowledging the Privacy Policy, or purchasing a Product does not, by itself, enroll you in marketing text messages, which require the separate opt-in described in Section 3.2.

3.2 Future Marketing Messages:
You may enroll in a marketing text-message Program only by taking a separate affirmative opt-in action expressly designated for marketing text messages, such as checking an unchecked marketing opt-in box, selecting a marketing-SMS preference, submitting a marketing-SMS sign-up form, or otherwise providing prior express written consent after receiving marketing-specific disclosures. Any marketing opt-in disclosure will identify the sender, describe the marketing messages covered by the consent, identify the mobile number to which messages may be sent, state that message and data rates may apply, identify how to opt out and obtain help, and state that consent to receive marketing text messages is not a condition of purchasing any goods or services.

Your agreement to these SMS Terms, agreement to the Terms of Service, acknowledgment of the Privacy Policy, creation of an account, use of the Platform, purchase of a Product, joining of a waitlist, participation in a queue, or consent to Account & Operational Alerts does not enroll you in marketing text messages.

3.3 Automated Technology:
You acknowledge and agree that messages under a Program may be sent using automated dialing technology, automated messaging technology, automatic telephone dialing system, or other automated technology. Voice calls are not made as part of any Program and are not governed by these SMS Terms. Any voice calls placed by or on behalf of HeyDoWhat, and any consent to receive such calls, are governed by the Communications provisions of the Terms of Service, any applicable call-specific disclosures or consents, and applicable Law.

3.4 Consent Not a Condition of Purchase:
Consent to receive marketing text messages is not a condition of purchasing any goods or services from HeyDoWhat or any Merchant, and HeyDoWhat will not condition any purchase on your agreement to receive marketing text messages.

Certain non-marketing Platform features—including SMS-based account verification, security authentication, password reset, fraud-prevention workflows, and the virtual queue and waitlist feature—require a valid mobile number and SMS delivery, or an alternative verification or notification method if HeyDoWhat makes one available. Requesting or using an SMS-based feature authorizes the Account & Operational Alerts described in Section 3.1 with respect to that feature but does not constitute consent to marketing text messages. You may create an account and browse the Platform without providing a mobile number, subject to any non-SMS eligibility, account, verification, or security requirements disclosed through the applicable Platform workflow; features that depend on SMS, including joining a queue, require a valid mobile number as described above.

3.5 Your Certification Regarding Your Mobile Number:
By providing a mobile phone number to HeyDoWhat, you represent and warrant that you are the current subscriber or customary user of that number, that you are authorized to provide that number to HeyDoWhat and enroll or use that number in connection with the applicable Program, that the information you provide is accurate, and that you will not provide or enroll any mobile number that you do not control or are not authorized to use.

3.6 Consent Records and Evidence of Consent:
HeyDoWhat creates and maintains an electronic record of your enrollment in, consent to, and related activity under a Program. That record may include the mobile number provided; the Program identified at the time of enrollment; the disclosures displayed to you; the affirmative action you took; the date and time of that action; the Platform page, feature, or workflow through which the action occurred; your account identifier; relevant Internet Protocol address, user-agent, device, and session information; the applicable SMS Terms and disclosure version or content hash; and related messaging-provider and delivery records. Records described in this Section 3.6 are maintained and may be used as described in Section 11.4 and the Privacy Policy.

Your later opt-out, withdrawal of consent, account closure, or request to delete personal information does not affect the validity of consent given before that action or the lawfulness of messages sent or records created before that action. HeyDoWhat will honor verified requests to delete personal information as required by applicable law, and may retain consent, revocation, suppression, and related compliance records for the periods described in the Privacy Policy or as otherwise required or permitted by applicable law, including where retention is necessary to honor an opt-out, maintain a suppression record, establish compliance, resolve a dispute, or protect legal rights.

4. Message Frequency

Message frequency for Account & Operational Alerts varies based on your account activity, verification activity, security activity, waitlist usage, queue usage, booking activity, redemption activity, refund activity, wallet activity, Reward Point activity, Platform activity, and the number and type of Platform workflows you initiate, request, or use.

Text messages relating to a queue session you join through the Platform are limited to a fixed number of lifecycle messages associated with that session, which may include an enrollment or join confirmation, place-in-line and approaching-turn updates, a ready notification, and, where applicable, hold, expiration, missed-turn, queue-closure, or session-completion notices, as further described in the HeyDoWhat Queue Terms. Not every message type will be sent during every queue session, and HeyDoWhat does not guarantee that any particular lifecycle message will be sent or delivered.

Separate account, security, verification, fraud-prevention, user-requested, booking, redemption, check-in, refund, wallet, Reward Point, account-value, administrative, support, and other operational messages may vary based on your activity, requests, account status, Platform workflows, and Platform-integrity needs.

HeyDoWhat may send additional individual non-marketing messages where you specifically request them or where they are reasonably necessary for the security, integrity, operation, or administration of your account or requested Platform activity, such as when you request a new verification code, password-reset code, waitlist update, queue update, or other operational message.

Because Account & Operational Alerts arise from activity you initiate, requests you submit, or events affecting your account or requested Platform activity, they may be delivered at any time of day or night, including outside customary calling hours subject to applicable law.

If HeyDoWhat offers marketing text messages in the future, the applicable frequency will be disclosed when you separately opt in to the marketing Program and will not exceed the frequency stated in that marketing-specific disclosure. Marketing messages will be sent only during hours permitted by applicable law.

5. Cost

HeyDoWhat does not charge you for messages sent under its Programs. As provided in your agreement with your wireless carrier or mobile service provider, message and data rates may apply to each message sent to you and to each message you send, including STOP, STOPALL, HELP, C, opt-out, opt-in, feature-command, and support requests. You are responsible for all charges imposed by your wireless carrier or mobile service provider. Check your mobile plan or contact your carrier or provider for details.

6. Opting Out

6.1 How to Opt Out:
You may opt out at any time by replying STOP, STOPALL, STOP ALL, UNSUBSCRIBE, CANCEL, END, QUIT, REVOKE, or OPT OUT to a message received from a Program's sending number. You may also opt out by emailing support@heydowhat.com with the mobile number to be removed, by using any opt-out mechanism made available by HeyDoWhat, or by any other reasonable means of clearly communicating your revocation.

HeyDoWhat may also treat other words, phrases, messages, support requests, emails, account-preference changes, or communications as opt-out requests where a reasonable person would understand them as a request to stop receiving some or all text messages from HeyDoWhat. Capitalization, punctuation, spacing, or minor variations in wording will not defeat an opt-out request where the request reasonably communicates your intent to stop receiving text messages.

The scope of any opt-out request — that is, which Programs it stops — is determined under Section 6.4. Section 6.7 describes Platform feature commands that are not opt-out requests, and identifies opt-out keywords that are not feature commands.

6.2 Processing Opt-Out Requests:
HeyDoWhat honors opt-out requests as soon as practicable and within the timeframe required by applicable law. Automated STOP, STOPALL, STOP ALL, UNSUBSCRIBE, CANCEL, END, QUIT, REVOKE, and OPT OUT requests are generally processed promptly when received by the applicable messaging system. Some non-standard opt-out requests, support-channel opt-out requests, or manually reviewed requests may require additional processing time, but HeyDoWhat will honor them within the timeframe required by applicable law and no later than ten (10) business days where that deadline applies.

6.3 Confirmation or Clarification Message:
After receiving an opt-out request, HeyDoWhat may send one final non-marketing message that either confirms the opt-out or, where you have consented to more than one Program or category of text messages and the scope of your request is unclear, requests clarification regarding the scope of the request under Section 6.4.

If HeyDoWhat sends a confirmation or clarification message, HeyDoWhat will initiate it promptly and ordinarily within five minutes after receiving the opt-out request, subject to messaging-provider, carrier, network, technical, and other delivery factors outside HeyDoWhat's reasonable control. The message will not contain marketing or promotional content, will not seek to persuade you to reconsider your request, and will be the only additional consent-based message sent within the scope of the consent that was revoked or may reasonably have been revoked.

The preceding limitation does not prohibit a message sent under a separate Program pursuant to separate, valid consent that the opt-out request clearly did not revoke. While the scope of an ambiguous request remains unresolved, HeyDoWhat will cease all consent-based messages that may reasonably fall within the request.

If HeyDoWhat requests clarification and you do not respond, HeyDoWhat will treat the request as a Global Opt-Out under Section 6.4. If the request clearly states or reasonably indicates that you want to stop all HeyDoWhat text messages, HeyDoWhat will not request clarification before treating it as a Global Opt-Out.

6.4 Scope of Opt-Out:

• (a) Requests Made in Response to Account & Operational Alerts. If you send an opt-out request in response to a message you received under the Account & Operational Alerts Program, HeyDoWhat will treat that request as a Global Opt-Out and will stop all consent-based HeyDoWhat text messages to the mobile number from which, or identified in, the request. This rule applies whether you use STOP, STOPALL, STOP ALL, CANCEL, END, QUIT, UNSUBSCRIBE, REVOKE, OPT OUT, any other standardized opt-out keyword, or any other words that reasonably communicate a request to stop receiving text messages.
• (b) Requests Made in Response to Marketing Messages. If HeyDoWhat offers a marketing text-message Program and you send an opt-out request in response to a message you received under that marketing Program, HeyDoWhat will stop that marketing Program and, unless a broader scope applies under this Section 6.4(b), will continue to send Account & Operational Alerts for which you have separately provided consent. A broader scope applies, and HeyDoWhat will treat the request as a Global Opt-Out, if:
  • (i) your request uses STOPALL, STOP ALL, OPT OUT, or any other words that clearly state or reasonably indicate that you want to stop all HeyDoWhat text messages, it being understood that HeyDoWhat does not require any particular keyword and will honor any reasonable expression of that intent;
  • (ii) in response to a clarification message sent under Section 6.3, you confirm that your request applies to all HeyDoWhat text messages; or
  • (iii) applicable law requires the request to be given broader effect.
  • If the intended scope of a request made in response to a marketing message is unclear, HeyDoWhat may request clarification as provided in Section 6.3. While the scope remains unresolved, HeyDoWhat will cease all consent-based text messages that may reasonably fall within the request. If HeyDoWhat requests clarification and you do not respond, HeyDoWhat will treat the request as a Global Opt-Out.
• (c) Requests Not Made in Reply to a Text Message. If you submit an opt-out request by email, through the Platform, through a support channel, or by any other reasonable means other than replying to a text message, HeyDoWhat will treat the request as a Global Opt-Out unless the request clearly states or reasonably indicates that you want to stop only a particular Program or category of text messages, in which case HeyDoWhat will honor that narrower scope to the extent permitted by applicable law.
• (d) Global Opt-Out. A request that HeyDoWhat treats as applying to all HeyDoWhat text messages under Section 6.3 or this Section 6.4 is a "Global Opt-Out." A Global Opt-Out applies to all consent-based HeyDoWhat text-message Programs associated with the identified mobile number, including Account & Operational Alerts and every marketing Program in which the number is enrolled, subject to applicable law.
• (e) Scope Required by Applicable Law. Notwithstanding Sections 6.4(a) through 6.4(d), HeyDoWhat will give every opt-out request the scope required by applicable law as in effect from time to time. If applicable law requires an opt-out request to be given broader effect than the scope otherwise described in this Section 6.4, HeyDoWhat will give the request that broader effect, and this Section 6.4 will be read and applied accordingly without further amendment.
• (f) Effect of a Global Opt-Out. A Global Opt-Out will stop Account & Operational Alerts—including one-time passcodes, security codes, phone-verification messages, password-reset messages, queue and waitlist notifications, and other operational text messages—and will stop every marketing text-message Program, as further described in Section 6.6.

6.5 Re-Enrollment:
Where supported, you may re-enroll in a Program after an opt-out by replying START, UNSTOP, or another supported opt-in keyword to the sending number from which you opted out, by updating your Platform communication preferences, by re-enrolling through the Platform, or by otherwise providing renewed consent after receiving the applicable disclosures.

Because opt-out records may be maintained at the level of the sending number, messaging profile, or messaging system from which you opted out, HeyDoWhat may require that you send a supported opt-in keyword to that same sending number in order to resume receiving messages, and HeyDoWhat does not represent or guarantee that any other re-enrollment method is available or will be effective. Re-enrollment in one Program does not enroll you in any other Program unless you separately provide the consent required for that other Program, including the separate marketing consent required by Section 3.2.

6.6 Effect on Platform Features:
Certain Platform features depend on text messaging. If you opt out of Account & Operational Alerts, or if your request is treated as a Global Opt-Out under Section 6.4, you will not receive waitlist notifications, queue notifications, place-in-line updates, approaching-turn updates, ready notifications, hold notices, expiration notices, missed-turn notices, verification codes, security codes, password-reset messages, booking-related notices, redemption-related notices, check-in notices, refund notices, wallet notices, Reward Point notices, account-value notices, or other operational text messages.

You may be unable to complete actions that require SMS verification or SMS-based security workflows unless and until you re-enroll as described in Section 6.5 or use an alternative verification or notification method that HeyDoWhat makes available. You remain responsible for monitoring your account, waitlist status, queue position, holds, ready notifications, booking status, redemption status, verification status, and other Platform activity through the Platform or through any alternative notification method that HeyDoWhat makes available. To the fullest extent permitted by applicable law, neither HeyDoWhat nor any Merchant is responsible for any missed queue opportunity, missed waitlist opportunity, expired hold, missed ready notification, missed check-in, forfeited opportunity, or other consequence resulting from your opt-out, disabled messaging, carrier filtering, failed delivery, or failure to monitor the Platform directly.

Opting out of text messages does not close your account, does not remove you from any queue, waitlist, booking, or other Platform activity, and does not opt you out of non-SMS communications, including email, in-application messages, push notifications, account notices, transactional notices, or other communications described in the Terms of Service and Privacy Policy.

6.7 Feature Commands; Opt-Out Keywords Are Not Feature Commands:

• (a) Feature Commands. Certain Platform features support short reply commands that perform a Platform action and do not change your consent status. Replying "C" to a queue-related text message cancels your queue spot for the queue session identified in that message. Replying "C" is not an opt-out request, does not opt you out of any Program, does not change your consent status, and does not stop any text message other than further messages relating to the canceled queue entry.
• (b) Opt-Out Keywords Are Not Feature Commands. The opt-out keywords identified in Section 6.1 — including CANCEL, STOP, STOPALL, STOP ALL, UNSUBSCRIBE, END, QUIT, REVOKE, and OPT OUT — are opt-out requests and are not feature commands. Replying CANCEL, or any other opt-out keyword, to a queue-related text message will be processed as an opt-out request under Sections 6.1 and 6.4 and will not cancel your queue spot.
• (c) Opting Out Does Not Remove You From a Queue. Opting out of text messages does not remove you from any queue, waitlist, booking, or other Platform activity. To leave a queue, use the Platform or reply "C" as described in Section 6.7(a).
• (d) Inbound Messages. Messages you send to HeyDoWhat, and HeyDoWhat's carrier-mandated or legally required responses to them — including opt-out confirmations, clarification messages under Section 6.3, and HELP responses — are not counted against any message limit, allocation, or frequency described in these SMS Terms or in the Queue Terms.

6.8 Internal Do-Not-Call List and Policy:
HeyDoWhat maintains an internal do-not-call list and a written internal do-not-call policy governing the maintenance of that list. If you ask HeyDoWhat to stop contacting you, HeyDoWhat will record your request on its internal do-not-call list and will honor it within the timeframe required by applicable law. A copy of HeyDoWhat's written internal do-not-call policy is available upon request by emailing support@heydowhat.com.

7. Help

For help, reply HELP to any HeyDoWhat Program text message, email support@heydowhat.com, or visit https://heydowhat.com/sms-terms.

8. Your Mobile Number

8.1 Accurate Information:
You agree to maintain accurate and current mobile-number information in your account.

8.2 Notice of Changes:
If any mobile number you have provided to or enrolled with HeyDoWhat is changed, deactivated, transferred, reassigned, relinquished, or otherwise ceases to be controlled by you or authorized for your use, you agree to update your account promptly and, where the change is within your control and you have advance knowledge of it, before the change takes effect. Where updating your account is unavailable or insufficient, you agree to notify HeyDoWhat by emailing support@heydowhat.com.

8.3 Number Reassignment:
You acknowledge that wireless carriers and mobile service providers recycle and reassign telephone numbers and that, after a number is reassigned, messages directed to that number may be received by a person who did not provide the original consent. You agree to comply with the notification obligations in Section 8.2.
To the fullest extent permitted by applicable law, HeyDoWhat is not responsible or liable to you for any message sent to, or for any information disclosed through a message sent to, a mobile number you provided or enrolled, where that message was sent before HeyDoWhat received actual or reasonably sufficient notice of a change described in Section 8.2 and you had not provided the notice required by Section 8.2.
Any allocation of responsibility or liability arising from the provision, loss of control, deactivation, transfer, relinquishment, or reassignment of a mobile number is otherwise governed by Section 8.4 and applicable law. Nothing in this Section 8.3 limits any non-waivable consumer right or any independent duty or liability imposed on HeyDoWhat by applicable law.

8.4 Mobile-Number Indemnity:
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless HeyDoWhat, its members, managers, officers, employees, agents, successors, and assigns from and against third-party claims, demands, suits, actions, and governmental or regulatory proceedings, and any resulting judgments, settlements, liabilities, losses, damages, lawfully indemnifiable fines or penalties, costs, and reasonable attorneys' fees and investigation costs, but only to the extent directly and proximately caused by:

• (a) your knowing provision or enrollment of a mobile number that you did not control and were not authorized to use, in breach of Section 3.5; or
• (b) your material failure, after obtaining actual knowledge that a mobile number you provided had been changed, deactivated, transferred, reassigned, relinquished, or was no longer controlled by or authorized for your use, to provide the notice required by Section 8.2, where HeyDoWhat continued sending messages in reasonable reliance on the information you provided and before receiving actual or reasonably sufficient notice of the change.

HeyDoWhat may, at its own expense, assume the exclusive defense and control of any claim otherwise subject to indemnification under this Section 8.4, in which event you will cooperate with HeyDoWhat in asserting any available defenses. You will not settle any such claim in a manner that admits fault by, imposes any obligation on, or fails to provide an unconditional release to HeyDoWhat, without HeyDoWhat's prior written consent.

This Section 8.4 does not apply to the extent that a claim, proceeding, judgment, settlement, liability, loss, damage, fine, penalty, cost, or expense was caused by HeyDoWhat's failure to honor an opt-out request or other actual or reasonably sufficient notice, HeyDoWhat's violation of applicable law, or HeyDoWhat's negligent, reckless, grossly negligent, or willful act or omission. This Section 8.4 does not waive any non-waivable consumer right, defense, limitation, or statutory protection, and does not transfer any legal duty or liability that applicable law prohibits HeyDoWhat from transferring.

This Section 8.4 is in addition to, and does not limit, any enforceable indemnification obligation stated in the Terms of Service. To the extent both this Section 8.4 and any general indemnification provision of the Terms of Service apply to the same claim arising from the provision, authorization, loss of control, deactivation, transfer, relinquishment, or reassignment of a mobile number, this Section 8.4 will be given effect as the more specific provision governing that claim.

8.5 Re-Verification:
HeyDoWhat may require re-verification of your mobile number at any time, including in connection with security-sensitive actions, suspected fraud, suspected unauthorized number use, number-reassignment risk, account recovery, account changes, payment-related activity, redemption activity, or other Platform-integrity purposes. HeyDoWhat may use carrier data, provider data, deactivation data, reassignment data, fraud-prevention tools, and other commercially reasonable verification or risk signals to protect users, prevent unauthorized messaging, maintain consent and suppression records, and administer the Programs.

9. Delivery and Disclaimers

Text-message delivery depends on wireless carrier networks, mobile service providers, messaging providers, aggregators, device functionality, network availability, technical systems, and other factors outside HeyDoWhat's control. The Programs are provided on an "AS IS" and "AS AVAILABLE" basis. HeyDoWhat does not guarantee that any message will be delivered, delivered accurately, delivered in full, delivered in sequence, or delivered within any particular time. Messages may be delayed, blocked, filtered, throttled, misdirected, corrupted, unavailable, or undelivered due to factors outside HeyDoWhat's control. Wireless carriers and mobile service providers are not liable for delayed or undelivered messages.

Waitlist, queue, hold, ready, booking, redemption, check-in, refund, wallet, Reward Point, account-value, and other operational notifications are courtesy notifications only unless HeyDoWhat expressly states otherwise in a specific Platform workflow. Wait times, queue positions, holds, ready notifications, availability, booking status, redemption status, and other Platform-status information may be estimates, may change, and are not guarantees. SMS messages are not the exclusive or authoritative record of your account, transaction, booking, queue, waitlist, redemption, refund, wallet, Reward Point, or Platform status. You remain responsible for monitoring the Platform directly.

The Programs are not intended for, and must not be relied upon for, emergency, safety-critical, legally required, medical, security-critical, or other time-critical communications. You must not rely on any Program as the exclusive method for receiving or monitoring information where delayed, blocked, filtered, or undelivered messages could cause harm, loss, missed opportunities, legal consequences, or safety risks.

To the fullest extent permitted by applicable law, HeyDoWhat and Merchants are not responsible for missed queue opportunities, missed waitlist opportunities, expired holds, missed ready notifications, missed bookings, missed redemption opportunities, missed check-ins, delayed refunds, delayed account updates, or other losses or consequences resulting from delayed, undelivered, blocked, filtered, unavailable, opted-out, misdirected, or disabled text messages.

The disclaimers, exclusions, and limitations of liability in the Terms of Service apply to the Programs and these SMS Terms to the fullest extent permitted by applicable law.

10. Eligibility

The Programs are intended only for individuals who are at least eighteen (18) years of age, are located in the United States when enrolling in or using the applicable Program, use a mobile number issued by a United States wireless carrier or mobile service provider, and have the legal capacity to agree to these SMS Terms. By enrolling in, consenting to, requesting, or participating in a Program, you represent and warrant that you meet these requirements.

11. Privacy

11.1 Privacy Policy:
HeyDoWhat's collection, use, disclosure, retention, and processing of information in connection with the Programs, including your mobile phone number, opt-in records, opt-out records, consent records, revocation records, suppression records, message activity, message metadata, delivery data, carrier data, provider data, device data, Platform activity, account activity, and communication-preference data, are described in the HeyDoWhat Privacy Policy, available at https://heydowhat.com/privacy-policy.

11.2 No Sale or Sharing of Mobile Information:
No mobile information, including mobile phone numbers, SMS opt-in data, SMS consent records, or SMS message-originator data, will be sold, rented, released, disclosed, transferred, or shared with third parties or affiliates for their own marketing or promotional purposes.

11.3 Permitted Disclosures:
HeyDoWhat may disclose mobile information, SMS opt-in data, SMS consent records, opt-out records, suppression records, and message-related data to service providers, messaging providers, telecommunications providers, aggregators, fraud-prevention vendors, security vendors, analytics vendors, compliance vendors, legal and professional advisers, and other parties acting on HeyDoWhat's behalf or otherwise permitted by the Privacy Policy, solely as necessary to deliver the messages you requested or consented to receive, administer the Programs, manage consent and opt-out records, maintain suppression lists, maintain the Platform, provide user support, detect or prevent fraud, abuse, or unauthorized use, comply with law, respond to lawful requests, enforce legal rights, protect rights, safety, and security, or perform other functions described in the Privacy Policy.

11.4 HeyDoWhat's Records:
HeyDoWhat maintains records relating to consent, enrollment, opt-in, opt-out, revocation, clarification, suppression, message transmission, and message delivery in connection with the Programs. HeyDoWhat uses systems and procedures designed to create and retain those records in the ordinary course of its operations, at or reasonably near the time of the events they describe, and by persons or systems with knowledge of those events.

Subject to applicable law, HeyDoWhat may use those records to administer the Programs, honor communication preferences, maintain suppression controls, investigate complaints, demonstrate compliance, prevent fraud or unauthorized use, enforce these SMS Terms, respond to regulatory or legal requests, and protect legal rights, and in connection with any dispute, claim, arbitration, or other proceeding.

Nothing in this Section stipulates that any particular record is admissible, authentic, accurate, or entitled to any evidentiary presumption in a specific proceeding. Admissibility, authentication, reliability, presumptions, and burdens of proof remain governed by applicable law, and you retain the right to challenge or present evidence concerning any record.

12. Changes to Programs or SMS Terms

HeyDoWhat may, at any time, modify, suspend, or discontinue any Program, message type, sending number, messaging provider, campaign, messaging profile, feature, functionality, or text-message workflow, in whole or in part, subject to applicable law.

HeyDoWhat may amend these SMS Terms from time to time in accordance with the Terms of Service. The "Last Updated" date stated at the beginning of these SMS Terms identifies the most recent version of these SMS Terms. Unless a different effective date is stated, amended SMS Terms become effective when posted through the Platform or otherwise made available by HeyDoWhat.

HeyDoWhat will provide notice of material amendments in a manner reasonably designed to reach affected users, which may include notice through the Platform, email, an in-app notice, or a renewed acceptance screen. HeyDoWhat will obtain renewed affirmative assent where required by applicable law, the Terms of Service, or the nature of the amendment. Non-material, administrative, corrective, or clarifying amendments may become effective when posted or on the later effective date stated in the amended SMS Terms.

To the extent permitted by applicable law, your continued enrollment in, request for, or use of a Program after an amendment becomes effective constitutes acceptance of the amended SMS Terms. If you do not agree, you must opt out of the affected Program as described in Section 6.

No amendment, continued participation, or acceptance of these SMS Terms will retroactively expand the scope of consent previously provided, revive consent that was revoked, override an opt-out or suppression record, or enroll you in marketing text messages. Marketing messages require the separate marketing consent described in Sections 2.2 and 3.2.

13. Suspension and Termination

HeyDoWhat may suspend, restrict, modify, or terminate your participation in any Program at any time, with or without notice, including where:

• required or requested by a wireless carrier, mobile service provider, messaging provider, aggregator, 10DLC registry, campaign registry, short-code administrator, toll-free verification provider, legal authority, regulatory authority, payment processor, fraud-prevention provider, security provider, or other relevant third party;
• HeyDoWhat suspects fraud, abuse, misuse, unauthorized number use, number reassignment, account compromise, security risk, unlawful conduct, violation of these SMS Terms, violation of the Terms of Service, or violation of any Platform Policy;
• your account is suspended, restricted, closed, or terminated;
• HeyDoWhat cannot verify consent or control of the mobile number; or
• suspension, restriction, modification, or termination is reasonably necessary or appropriate for legal, regulatory, security, anti-abuse, deliverability, carrier-compliance, operational, or Platform-integrity reasons.

Sections 1, 3.5, 3.6, 5, 6, 8, 9, 11, 12, 13, 14, 15, and 16 survive termination, suspension, restriction, opt-out, or expiration of your participation in any Program to the extent necessary to give those provisions effect.

14. Dispute Resolution, Arbitration, and Governing Law

All disputes, claims, or controversies arising out of or relating to these SMS Terms, any Program, any text message sent or received under a Program, any opt-in, opt-out, consent, revocation, clarification, suppression, feature command, transmission, delivery, nondelivery, delay, filtering, message-related activity, or any alleged violation of federal, state, or local law relating to a Program are governed exclusively by the dispute-resolution provisions of the Terms of Service.

Those Terms of Service provisions—including the applicable arbitration agreement, arbitration administrator and rules, hearing procedures, governing law, venue, class-action and jury-trial waivers, exceptions, informal-resolution requirements, and arbitration opt-out rights—are incorporated into these SMS Terms by reference.

Notwithstanding Section 1, the Terms of Service control exclusively if any conflict exists concerning dispute resolution, arbitration, the arbitration administrator or rules, governing law, venue, waivers, exceptions, or arbitration opt-out rights. These SMS Terms do not create a separate arbitration agreement, select a separate arbitration administrator, establish a separate governing law or venue, or modify any dispute-resolution right or obligation stated in the Terms of Service.

Nothing in this Section waives or limits any right, remedy, defense, jurisdiction, or protection that applicable law does not permit the parties to waive or limit.

15. General Provisions

15.1 Application of Terms of Service Provisions. The provisions of the Terms of Service governing severability, no waiver, assignment, entire agreement, consent to electronic communications and electronic signatures, interpretation and construction, headings, notices, survival, force majeure, and the relationship of the parties apply to these SMS Terms with the same force and effect as if fully set forth herein, except to the extent expressly modified by these SMS Terms. In the event of any conflict between any such provision and these SMS Terms with respect to the Programs, these SMS Terms control as provided in Section 1.

15.2 No Third-Party Beneficiaries; Merchant Exception. These SMS Terms are entered into for the benefit of HeyDoWhat and you. No provision of these SMS Terms confers any right, benefit, remedy, or claim upon any third party, except that each Merchant is an express third-party beneficiary of Section 6.6 and Section 9, solely to the extent those Sections disclaim or limit the responsibility or liability of Merchants, and solely for the purpose of enforcing those disclaimers and limitations.

16. Contact

HeyDoWhat LLC
30 N Gould St Ste R
Sheridan, WY 82801

Email: support@heydowhat.com
Website: https://heydowhat.com
SMS Terms: https://heydowhat.com/sms-terms
Privacy Policy: https://heydowhat.com/privacy-policy