MINDBODY SMS Texting Terms and Conditions

Last Updated: December 14, 2017

These SMS Texting Terms and Conditions, together with the terms governing your use of the Services (if you are a subscriber to our business management software “Subscriber”), or MINDBODY App User (if you use a MINDBODY App, including MINDBODY-powered apps specific to a Subscriber) (collectively, “MINDBODY Terms”), govern your use MINDBODY’s text messaging programs, including text messages initiated by MINDBODY Subscribers (“SMS Texting Services”). Capitalized terms used in these SMS Texting Terms and Conditions but not otherwise defined herein will have the meaning given to them in the Subscriber Terms of Service and MINDBODY App Terms of Use, as applicable. These SMS Texting Terms and Conditions cover two categories of text messages:

  1. Text messages initiated by MINDBODY; and
  2. Text messages initiated by MINDBODY Subscribers using the MINDBODY platform.

Each of these two categories has its own section below. Following those sections is a third section containing general information about the SMS Texting Services, as well as your opt-out options.

I. Text Messages Initiated by MINDBODY

  • A. MINDBODY Text Messages
    If you provide us your mobile phone number, you agree that MINDBODY, our affiliated companies, and our and their respective representatives may contact you at that number using nonautomated or automated technology to call you or send you text messages to: (i) service your MINDBODY accounts or otherwise communicate with you for customer service purposes, (ii) investigate or prevent fraud, (iii) collect a debt, or (iv) provide you with information you requested.  MINDBODY may also offer text message programs, including one-time texts and subscription text services, where MINDBODY texts you for marketing purposes. We will not send you marketing text messages without your consent. Consent to receive autodialed calls or texts for marketing purposes is not required as a condition of purchasing any goods or services. Enrollment in the SMS Texting Service is also subject to our MINDBODY App Terms of Service and Privacy Policy.
  • B. Privacy
    Data obtained from you in connection with MINDBODY-initiated text messages may include your name, address, mobile phone number, your mobile service provider’s name, and the date, time, and content of your messages. Our use of this information will be in accordance with our Privacy Policy. Your mobile carrier and other service providers may also collect data about your mobile device usage, and their practices are governed by their own policies.

II. Text Messages Initiated by MINDBODY Subscribers Using the MINDBODY Platform

  • A. Subscriber Text Messages
    If you provide any MINDBODY Subscriber with your mobile phone number, you agree that the MINDBODY Subscriber and their respective representatives may contact you at that number using nonautomated or automated technology to call you or send you text messages to: (i) service your accounts with that Subscriber or otherwise communicate with you for customer service purposes, (ii) investigate or prevent fraud, (iii) collect a debt, or (iv) provide you with information you requested. MINDBODY Subscribers may also offer text message programs, including one-time texts and subscription text services, where MINDBODY Subscribers text you for marketing purposes where they have obtained your consent. Consent to receive autodialed calls or texts for marketing purposes is not required as a condition of purchasing any goods or services. Where text messages are initiated by our Subscribers, even if our Subscribers use MINDBODY as a text message service provider, you understand that our Subscribers are initiating text messages to you, not MINDBODY.
  • B. Privacy
    Data obtained from you in connection with MINDBODY Subscriber-initiated text messages may include your name, address, mobile phone number, your mobile service provider’s name, and the date, time, and content of your messages, and is subject to the MINDBODY Privacy Policy. Please contact the appropriate MINDBODY Subscriber for more information on how they use, disclose, and treat your data. Your mobile carrier and other service providers may also collect data about your mobile device usage, and their practices are governed by their own policies.

III. General information governing the SMS Texting Services

  • A. Frequency of Text Messages
    After opt-in, you may receive an initial confirmation text message. After that, the specific amount of text messages may vary depending on how you use the MINDBODY or MINDBODY Subscriber services and the types of text messages you registered to receive. The number of text messages you receive may depend upon factors including how you use the MINDBODY or MINDBODY Subscriber services and whether you take steps to generate additional text messages (such as by sending a HELP request).
  • B. How to Opt Out
    You may opt out of any SMS Texting Service you join at any time by replying “STOP”, “END”, or “QUIT” to any text message you have received through that particular SMS Texting Service. This process impacts only the future delivery of texts from that particular SMS Texting Service, so if you wish to unsubscribe from multiple services, you must send a similar message for each SMS Texting Service you have joined. Each time you opt-out, you agree to receive a text confirming that your opt-out choice has been recorded.
  • C. Fees; Mobile Carrier Charges
    MINDBODY does not charge for the SMS Texting Services, but message and data rates may apply. Please contact the applicable MINDBODY Subscriber for information on fees or charges (if any) assessed by that MINDBODY Subscriber. By providing your consent to participate in a SMS Texting Service, you approve any such charges from your mobile carrier. You represent that you are 13 years of age or older and the owner or authorized user of the mobile device associated with the telephone number you designate to receive messages from the applicable SMS Texting Service. You also represent that you are authorized to approve the applicable carrier charges.
  • D. Disclaimers
    You acknowledge and agree that the SMS Texting Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. Neither MINDBODY nor MINDBODY Subscribers will be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your network operator. The SMS Texting Services are provided on an AS IS basis. Neither MINDBODY nor MINDBODY Subscribers guarantee that your use of these services will be private or secure, and neither MINDBODY nor MINDBODY Subscribers will be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Texting Services.
  • E. Supported Carriers
    Content is not available on all carriers and carrier participation could change. As of the Last Updated date above, the following carriers support text messages under the SMS Texting Services: AT&T, Sprint, T-Mobile©, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. Neither MINDBODY nor the mobile carriers (such as T-Mobile) are liable for delayed or undelivered messages.
  • F. Modifications
    We reserve the right to modify these SMS Texting Terms and Conditions, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in the SMS Texting Service shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
  • G. Help
    For assistance with the SMS Texting Services or to obtain additional information, you can text HELP to any text message you have received through that particular SMS Texting Service or call (877) 755-4279.