Shoott SMS/MMS Messaging Terms & Conditions

Program Summary

Shoott offers an SMS/MMS mobile messaging program (the “Program”) through Klaviyo. By opting in, you agree to the terms below.

• What you’ll receive: Transactional and service messages (booking confirmations, reminders, scheduling and location updates, gallery delivery notifications, and customer support). If you separately opt in to marketing, you’ll also receive promotional messages.

• Message frequency: Recurring; frequency varies based on your activity with us.

• Cost: Message and data rates may apply.

• Consent is not a condition of purchase. You do not have to agree to receive marketing texts to book a session or buy from us.

• Get help: Text HELP to the number you received messages from, or email info@shoott.com.

• Opt out: Text STOP (or END, CANCEL, UNSUBSCRIBE, or QUIT) to any message from us to stop. You may get one confirmation message.

• Your privacy: We do not sell, rent, or share your mobile number or SMS consent with third parties or affiliates for their own marketing.

Full terms follow.

1. Agreement to Terms

Shoott (“We,” “Us,” “Our”) offers a mobile messaging program (the “Program”) through Klaviyo, which you agree to use subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms, including your agreement to resolve disputes through binding, individual-only arbitration as detailed in the Dispute Resolution section below.

This Agreement is limited to the Program and is not intended to modify any other Terms and Conditions that may govern the relationship between you and Us in other contexts.

2. Opting In

The Program allows you to receive SMS/MMS messages by affirmatively opting in — for example, through online, offline, or application-based enrollment forms. Regardless of how you opted in, this Agreement applies to your participation.

By participating, you agree to receive autodialed or manually dialed marketing messages (as applicable) at the phone number associated with your opt-in. Consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, this does not suggest or imply that any or all of our messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

3. Opting Out

If you no longer wish to participate, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message from Us. You may receive one additional message confirming your opt-out.

These keywords are the only reasonable methods of opting out. Any other method — including texting other words or verbally asking an employee to remove you — is not a reasonable means of opting out.

4. Duty to Notify and Indemnify

If you ever stop using the mobile number used to subscribe to the Program — including canceling your plan or transferring the number to another party — you agree to complete the opt-out process above before doing so. Your agreement to do this is a material part of these terms.

If you discontinue use of your number without notifying Us, you agree to be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in delivering our messages, as a result of claims brought by individuals later assigned that number. This duty survives any cancellation or termination of your participation.

You agree to indemnify, defend, and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the information you provided, including any claim or liability under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws and regulations, resulting from us attempting to contact you at the mobile number you provided.

5. Program Description

Users who opt in can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events, as well as transactional and service-related messages tied to their bookings.

6. Cost and Frequency

Message and data rates may apply. The Program involves recurring messages, and additional messages may be sent periodically based on your interaction with Us.

7. Support

For support, text HELP to the number you received messages from, or email info@shoott.com. Please note this email address is not an acceptable method of opting out — opt-outs must follow the procedures in Section 3.

8. MMS Disclosure

The Program will send SMS terminating messages (TMs) if your mobile device does not support MMS messaging.

9. Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times, and may not continue to work after product, software, coverage, or other changes made by your wireless carrier. We are not liable for any delays or failures in receiving messages. Delivery is subject to effective transmission from your wireless carrier and is outside our control. We, any party that assists in delivering messages, and the wireless carriers (including T-Mobile) are not liable for delayed or undelivered messages.

10. Participant Requirements

You must have your own wireless device capable of two-way messaging, use a participating carrier, and subscribe to text messaging service. Not all carriers support the necessary service. Check your phone’s capabilities for specific text messaging instructions.

11. Age Restriction

You may not use the Program if you are under 13. If you are between 13 and 18, you must have your parent’s or legal guardian’s permission. By using the Program, you confirm that you are not under 13, that you are 13–18 with permission, or that you are of adult age in your jurisdiction — and that you are permitted by your jurisdiction’s applicable law to use the Platform.

12. Prohibited Content

You agree not to send any prohibited content over the Program, including:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

• Any product, service, or promotion that is unlawful where received;

• Any content implicating personal health information protected by HIPAA or the HITECH Act; and

• Any other content prohibited by applicable law in the jurisdiction from which the message is sent.

13. Dispute Resolution — Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS BETWEEN YOU AND US ARE RESOLVED.

Any dispute, claim, or controversy between you and Us (or any third-party service provider, including Autopilot, acting on our behalf to transmit messages) arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or its breach, termination, enforcement, interpretation, or validity — including the scope or applicability of this agreement to arbitrate — will, to the fullest extent permitted by law, be determined by arbitration before one arbitrator.

The parties agree to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Shoott’s principal place of business is located, without regard to conflict-of-laws rules.

Within ten (10) calendar days after an arbitration demand is served, the parties must jointly select an arbitrator with at least five years’ experience and knowledge of the subject matter. If they cannot agree within ten (10) days, a party may petition the AAA to appoint a qualifying arbitrator. The arbitrator shall decide the enforceability and interpretation of this arbitration agreement under the Federal Arbitration Act (“FAA”). The AAA’s rules governing Emergency Measures of Protection apply in lieu of seeking emergency injunctive relief from a court.

The arbitrator’s decision is final and binding, with no appeal except as provided in Section 10 of the FAA. Each party bears its share of the arbitrator’s and administration fees; however, the arbitrator may order one party to pay all or part of such fees as part of a well-reasoned decision. The arbitrator may award attorneys’ fees only to the extent expressly authorized by statute or contract, and has no authority to award punitive damages — each party waives any right to seek or recover punitive damages in arbitration.

The parties agree to arbitrate solely on an individual basis. This agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding.

Except as required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without both parties’ prior written consent, unless to protect or pursue a legal right. If any term of this Section is invalid or unenforceable in any jurisdiction, that does not affect any other term or its enforceability elsewhere. If a dispute proceeds in court rather than arbitration, the parties waive any right to a jury trial. This arbitration provision survives any cancellation or termination of your participation.

14. Miscellaneous

You represent that you have all necessary rights, power, and authority to agree to these terms and perform your obligations, and that doing so does not breach any other contract or obligation. A party’s failure to exercise any right is not a waiver of further rights. If any provision is found unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary so the rest of the Agreement remains in full force.

Any new features, changes, or improvements to the Program are subject to this Agreement unless stated otherwise in writing. We may change this Agreement from time to time and will communicate updates to you. You are responsible for reviewing the Agreement periodically. By continuing to participate after changes, you accept the modified Agreement.

SMS Communications

If you provide your mobile phone number when booking a session, creating an account, contacting us, or otherwise interacting with Shoott, you may receive text messages from Shoott, our photographers, and authorized service providers regarding your booking and related services. These messages may include appointment confirmations, reminders, scheduling updates, location instructions, session-related communications, gallery delivery notifications, customer support communications, and other transactional or service-related messages.

If you separately opt in to receive promotional text messages, you may also receive marketing and promotional communications. Consent to receive marketing text messages is not a condition of purchase.

SMS Consent & Privacy

Mobile phone numbers and SMS consent information are not sold, shared, rented, or disclosed to third parties or affiliates for their own marketing or promotional purposes. We may share your mobile phone number with service providers, photographers, and vendors solely as necessary to provide our services, facilitate session-related communications, or comply with legal obligations.