SMS Terms & Conditions

These SMS Terms & Conditions (“SMS Terms”) govern the use of text messaging services (the “SMS Service”) provided by Darkblue, LLC, a Massachusetts limited liability company (“Darkblue,” “we,” “us,” or “our”).

By enrolling in, accessing, or using the SMS Service, you acknowledge and agree to be bound by these SMS Terms. Our SMS privacy policy may be found at https://darkblue.llc/terms/sms-privacy.html.

1. Purpose of the SMS Service

The SMS Service is used solely to support operational communications related to an online medical control phone system for Emergency Medical Services (“EMS”). Messages are non-promotional, one-way, and intended only to notify enrolled users of incoming or related system events associated with phone calls.

The SMS Service is not used for marketing, advertising, or general notifications unrelated to the EMS phone system.

2. Eligibility and Authorized Users

The SMS Service is available only to authorized employees who have accounts within the system and who have affirmatively opted in during account creation or onboarding.

The SMS Service is intended for use within the United States only.

3. Consent and Opt-In

Enrollment in the SMS Service occurs as part of account signup or system onboarding. By enrolling, you expressly consent to receive SMS messages related to the operation of the EMS phone system. Message and data rates may apply.

Darkblue maintains timestamped records of consent associated with each enrolled account.

4. Message Frequency

Message frequency is event-driven and corresponds to incoming phone calls or system activity. There is no fixed message cap, and messages may be sent as frequently as system activity requires.

Receipt of these messages is directly tied to your voluntary participation in the underlying phone system.

5. Opt-Out

You may opt out of the SMS Service at any time by replying STOP to any message.

Upon opting out:

• You will no longer receive SMS messages from the system.
• Re-enrollment requires a new opt-in through account settings or administrative action.

6. Nature of Messages

Messages sent via the SMS Service:

• Are operational and informational only
• Do not include marketing or promotional content
• Do not intentionally include protected health information (PHI), financial data, or other sensitive personal information

However, SMS is not a guaranteed or encrypted communication method. You acknowledge that message delivery may be delayed, interrupted, or fail due to factors outside Darkblue’s control.

7. Service Availability and Reliability

The SMS Service is provided on an “as-is” and “as-available” basis. Darkblue does not guarantee message delivery, timeliness, or availability.

The SMS Service relies on third-party telecommunications providers and infrastructure, and interruptions may occur due to carrier issues, network outages, or technical limitations.

8. Acceptable Use

You agree not to:

• Use the SMS Service for any purpose other than its intended operational function
• Attempt to interfere with, disrupt, or misuse the messaging system
• Share access to the SMS Service with unauthorized individuals

Darkblue reserves the right to suspend or terminate access to the SMS Service for misuse or violation of these SMS Terms.

9. Modification or Termination

Darkblue may modify, suspend, or discontinue the SMS Service at any time, with or without notice, including changes required to maintain compliance with carrier or regulatory requirements.

Continued use of the SMS Service after any modification constitutes acceptance of the updated SMS Terms.

10. Limitation of Liability

To the maximum extent permitted by law, Darkblue shall not be liable for:

• Any failure or delay in message delivery
• Any damages arising from reliance on SMS notifications
• Any indirect, incidental, or consequential damages related to the SMS Service

The SMS Service is a supplemental notification mechanism and should not be relied upon as the sole means of communication for critical operational decisions.

11. Governing Law

These SMS Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.

12. Contact Information

For questions regarding the SMS Service or these SMS Terms, contact: