SMS Terms & Conditions

These SMS Terms & Conditions (“Terms”) describe how Kapono Design LLC (“Kapono Design,” “we,” “us,” or “our”) provides its SMS/text message program (the “SMS Program”). By enrolling in or using the SMS Program, you agree to these Terms, as well as our Privacy Policy available at:
https://bayke.com/privacy-policy/

1. Program Description

The SMS Program may send you SMS/text messages related to:

  • METRC compliance and cannabis regulatory topics
  • Product and service updates
  • Educational content, tips, and best practices
  • Promotions, offers, and event information
  • Account-related or transactional communications where applicable

Message frequency may vary. Messages may be sent via automatic telephone dialing systems, other automated systems, or manually.

2. How to Enroll

You may enroll in our SMS Program in one or more of the following ways (depending on what we make available at any given time):

  • Submitting a form on our website or landing page that clearly references SMS/text messaging and these Terms
  • Checking an SMS opt-in box on a form and providing your mobile number
  • Texting a keyword (such as “METRC”) to a designated phone number or short code when instructed to do so
  • Providing your consent verbally or in writing during a call or other interaction, where we confirm that your number will be used for SMS/text communications and reference these Terms

By enrolling, you represent that:

  • You are the current subscriber or customary user of the mobile number you provide; and
  • You are authorized to consent to receive SMS/text messages at that number.

3. Consent and Nature of Messages

By enrolling in the SMS Program, you expressly consent to receive recurring SMS/text messages from Kapono Design at the mobile number you provide. These messages may be sent using an automatic telephone dialing system or other automated technology.

Consent to receive SMS/text messages is not a condition of purchase. You can still purchase our products and services even if you do not enroll in the SMS Program.

Standard message and data rates may apply from your mobile carrier. Please check your mobile plan and contact your carrier for details.

4. Opt-Out Instructions

You may opt out of the SMS Program at any time.

To stop receiving SMS/text messages:

  • Reply “STOP” to any message you receive from us; or
  • Contact us at [email protected] and request to be removed from SMS/text communications.

After you send “STOP,” we may send you a final confirmation message acknowledging your opt-out. After that, you will no longer receive marketing SMS/text messages from us at that number, but we may still send you service-related or transactional messages where permitted by law (for example, about an ongoing relationship you have with us).

5. Help and Support

If you need assistance with the SMS Program:

  • Reply “HELP” to any SMS/text message you receive; or
  • Contact us at [email protected].

We do not charge any fee for sending HELP or STOP messages, but standard message and data rates from your carrier may apply.

6. Your Responsibilities

You agree to:

  • Provide a valid, active mobile telephone number that you own or control;
  • Notify us promptly if you change, transfer, or deactivate your mobile number;
  • Not enroll a phone number that is not your own;
  • Use the SMS Program only for lawful purposes and in accordance with these Terms.

If you change or deactivate your mobile number, you must opt out of the SMS Program for that number and, if desired, re-enroll using your new number.

7. Supported Carriers and Delivery

Delivery of SMS/text messages is subject to effective transmission from your mobile operator and is outside our control. Message delivery may be delayed or not received at all due to a variety of factors outside our control.

Your mobile carrier is not liable for delayed or undelivered messages.

We may change the carriers or technology we use to deliver messages at any time, without notice.

8. Costs

Kapono Design does not charge a separate fee for participation in the SMS Program. However, standard message and data rates may apply from your mobile carrier.

All charges are billed by and payable to your mobile carrier. If you have questions about your text or data plan, contact your mobile carrier.

9. Privacy

We respect your privacy.

Information we collect in connection with the SMS Program, including your mobile number, opt-in and opt-out records, message delivery data, and message content, may be used to:

  • Send and manage SMS/text communications;
  • Maintain records of your consent and communication preferences;
  • Analyze and improve our messaging and Services;
  • Comply with legal and carrier requirements.

We may share this information with trusted service providers who help us operate the SMS Program (such as SMS gateways and marketing platforms), solely for the purpose of providing these services to us.

Your participation in the SMS Program is also subject to our Privacy Policy, which describes in more detail how we collect, use, and protect your personal information. You can review it at:
https://bayke.com/privacy-policy/

10. Program Changes and Termination

We reserve the right to:

  • Change the scope or content of the SMS Program;
  • Add or remove message types or frequency;
  • Suspend or terminate the SMS Program in whole or in part, at any time, for any reason.

If required by law or appropriate based on the significance of the change, we will provide notice of material changes (for example, via our website, email, or SMS/text).

Your continued participation in the SMS Program after any changes to these Terms constitutes your acceptance of those changes.

11. Disclaimers and Limitation of Liability

The SMS Program is provided on an “as is” and “as available” basis. Messages may not be available in all areas or at all times and may not be delivered if your carrier or device does not support the technology.

We are not responsible for:

  • Any delay, failure, or misdelivery of any SMS/text messages;
  • Any errors in the content of messages;
  • Any actions you take or do not take based on the messages.

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to the SMS Program or your participation in it.

Nothing in these Terms limits any non-waivable rights you may have under applicable law.

12. Contact Us

If you have questions or concerns about these SMS Terms & Conditions or the SMS Program, please contact us at:

Kapono Design LLC
7 W Figueroa St Ste 300
Santa Barbara, CA 93101-3189
United States

Email: [email protected]