These Terms and Conditions (“Terms”) form a binding agreement between you (“you,” “user,” or “subscriber”) and New Perspectives SEO, LLC, a Georgia limited liability company (EIN 92-1730718), doing business as Recovery Beacon (“Company,” “we,” “us,” or “our”), with offices at 735 Hembree Place, Roswell, GA 30076. By accessing https://recoverybeacon.net (the “Website”), using our software-as-a-service platform, opting in to our SMS/MMS messaging program, or otherwise engaging with the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.
If you do not agree to these Terms, do not use the Service.
1. About Recovery Beacon
Recovery Beacon is an online software-as-a-service and marketing technology platform that supports lead generation, intake, and outreach for organizations operating in the behavioral health, mental health, addiction recovery, and related wellness verticals. We are an informational and marketing technology provider. We are not a treatment provider, a clinician, a counselor, a medical professional, an insurer, a referral service, or an emergency or crisis service.
If you are experiencing a mental health, substance use, or medical emergency, call or text 988 (Suicide & Crisis Lifeline) or dial 911 immediately. Do not rely on the Service, the Website, or our SMS/MMS messages in any emergency.
2. Eligibility
You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service or to opt in to our SMS/MMS messaging program. By using the Service you represent that you meet these eligibility requirements and that you have the legal capacity to enter into these Terms.
3. SMS and MMS Messaging Program Terms
This Section 3 governs Recovery Beacon’s A2P 10DLC SMS/MMS messaging program operated through Telnyx LLC (“Telnyx”) and the underlying mobile carriers. By opting in, you agree to the following program terms.
3.1 Program Description
Recovery Beacon’s messaging program delivers account, transactional, conversational, and (where you have separately opted in) marketing messages to mobile phone subscribers who have provided express consent. Message content may include intake reminders, follow-up communications, resource links, educational content about recovery and mental wellness, customer-support replies, and promotional information about Recovery Beacon services.
Messages may be delivered as SMS (text) or MMS (multimedia). MMS messages may include images such as logos, infographics, illustrations, intake instructions, brochures, branded creative, or other visual materials produced or licensed by Recovery Beacon. We will not send sexually explicit, hateful, harassing, threatening, or otherwise prohibited content.
3.2 How to Opt In
You can opt in to the messaging program by:
- Submitting a web form on https://recoverybeacon.net or an approved landing page that clearly describes the messaging program and requires an affirmative action (such as checking a box or clicking an opt-in button);
- Texting a designated keyword (for example, JOIN, START, or YES) to our 10DLC long code or short code; or
- Providing verbal or written consent to a Recovery Beacon representative during a recorded interaction.
Consent to receive SMS/MMS messages is not a condition of purchasing any goods or services. You may receive a confirmation message after opting in.
3.3 Message Frequency
Message frequency varies based on your activity and the type of messages to which you opted in. Recurring messaging is provided. Frequency may be event-based (e.g., one or more messages per event or interaction) or scheduled. We do not commit to a maximum number of messages per period unless disclosed at the point of opt-in.
3.4 Message and Data Rates
Message and data rates may apply. Standard rates from your wireless carrier apply to each message sent or received. Check your mobile service plan for details. Recovery Beacon does not charge a fee for the messages themselves.
3.5 Supported Carriers
The program is supported on most major U.S. wireless carriers, including but not limited to AT&T, T-Mobile, Verizon Wireless, US Cellular, Boost, Cricket, MetroPCS, and many regional carriers. Carriers are not liable for delayed or undelivered messages. Service availability may vary by carrier and is not guaranteed in all areas.
3.6 How to Opt Out
You may cancel the SMS/MMS service at any time. To opt out, text STOP to the number from which you receive messages. After you send the message “STOP” to us, we will send you a confirmation message and will no longer send SMS/MMS messages from that program. If you want to join again, sign up as you did the first time and we will resume sending messages to you. Other recognized opt-out keywords include END, CANCEL, UNSUBSCRIBE, and QUIT. Carriers may also enforce additional opt-out keywords.
3.7 How to Get Help
If at any time you forget what keywords are supported, text HELP to the number from which you receive messages. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. You can also contact us at https://recoverybeacon.net or at the mailing address in Section 14 for assistance.
3.8 No Sale or Marketing-Sharing of Mobile Information
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All categories of information described in our Privacy Policy exclude text-messaging originator opt-in data and consent; this information will not be shared with any third parties.
We share mobile information only with subprocessors strictly necessary to deliver messages (such as Telnyx and the destination mobile carrier) and only as required to operate the program.
3.9 Data Handling for Messaging
We practice data minimization for the SMS/MMS program. We do not retain inbound or outbound message bodies any longer than is reasonably necessary for delivery, deliverability auditing, fraud prevention, dispute resolution, and compliance with carrier and regulatory requirements (including evidence of consent under the TCPA, which is generally retained for at least four years). MMS images we send are generated from approved creative; we do not retain user-supplied MMS images beyond what is necessary to respond to an inbound inquiry, after which they are deleted. For full details, see our Privacy Policy.
3.10 Liability for Messages
Recovery Beacon, its messaging provider, and the participating wireless carriers are not liable for delayed, failed, misdirected, or undelivered messages, or for any data, content, or information transmitted through the program. The program is provided on an “as is” and “as available” basis.
3.11 Changes to the Program
We reserve the right to modify, suspend, or terminate the SMS/MMS messaging program, or any portion of it, at any time and without notice. We will provide notice through the messaging program where reasonably practicable.
4. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation, including the TCPA, CAN-SPAM Act, HIPAA (where applicable), CTIA messaging principles, and state consumer-protection laws;
- Send unsolicited communications or spam through the Service;
- Submit false, misleading, or impersonating information, including opting in a mobile number that does not belong to you;
- Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service, its systems, or other users; or
- Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service.
5. Intellectual Property
The Website, the SaaS platform, all software, text, images, graphics, logos, marks, audio, video, and other content available through the Service (the “Content”) are owned by or licensed to Company and are protected by copyright, trademark, and other intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.
You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Service or Content, except as expressly authorized by us in writing.
6. User Accounts
Certain features of the Service may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. We may suspend or terminate your account if we believe you have violated these Terms.
7. Fees and Billing
Use of certain Recovery Beacon SaaS features requires a paid subscription. Fees, billing cycles, and renewal terms will be disclosed at the point of purchase. Unless otherwise stated, fees are non-refundable. You authorize us (or our payment processors) to charge your designated payment method on a recurring basis until you cancel in accordance with the applicable subscription terms. We may change pricing upon reasonable advance notice; continued use of the Service after a price change constitutes acceptance of the new pricing.
8. Third-Party Services
The Service may integrate with or link to third-party websites, products, or services (including Telnyx, payment processors, analytics providers, and others). Those third parties are governed by their own terms and privacy policies, and we are not responsible for their content, products, or practices.
9. Disclaimers
The Service, the Website, and all Content are provided “as is” and “as available” without warranty of any kind, express or implied. To the fullest extent permitted by law, Company disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
Recovery Beacon is not a healthcare provider. Content provided through the Service is for informational and marketing purposes only and is not a substitute for professional medical, psychiatric, or legal advice, diagnosis, or treatment. Always seek the advice of a qualified professional with any questions regarding a medical or mental health condition.
10. Limitation of Liability
To the maximum extent permitted by law, in no event will Company or its officers, directors, members, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to these Terms or the Service, even if we have been advised of the possibility of such damages.
Our total cumulative liability for any claim arising out of or relating to the Service or these Terms shall not exceed the greater of (a) the amounts paid by you to us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
11. Indemnification
You agree to defend, indemnify, and hold harmless Company and its officers, directors, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your access to or use of the Service, (b) your violation of these Terms, (c) your violation of any rights of another, or (d) the content or accuracy of any information you submit through the Service, including any mobile phone number or opt-in record.
12. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. Subject to the arbitration clause below, the exclusive jurisdiction and venue for any action not subject to arbitration will be the state and federal courts located in Fulton County, Georgia, and the parties consent to personal jurisdiction in those courts.
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by a recognized arbitration body under its then-current consumer rules. You and Company waive any right to participate in a class action, class arbitration, or representative action. You may opt out of this arbitration provision by sending written notice to the address in Section 14 within thirty (30) days of first accepting these Terms.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Effective Date” at the top of this document and, where appropriate, provide additional notice through the Service. Your continued use of the Service after the effective date of an update constitutes acceptance of the revised Terms.
14. Contact Us
If you have questions about these Terms, the SMS/MMS messaging program, or the Service, please contact us:
New Perspectives SEO, LLC
d/b/a Recovery Beacon
735 Hembree Place
Roswell, GA 30076
15. Entire Agreement; Severability; Waiver
These Terms, together with the Privacy Policy and any order form or supplemental terms you accept, constitute the entire agreement between you and Company regarding the Service and supersede all prior agreements. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision.
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