1. Introduction and Acceptance of Terms

Welcome to Arka HR, Inc.’s SMS Text Messaging Service. By opting in to receive text messages from Arka HR, Inc., you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). These Terms constitute a legally binding agreement between you and Arka HR, Inc., a corporation organized under the laws of Massachusetts, with its principal place of business at 867 Boylston Street, 5th Floor #2229, Boston, MA 02116.

If you do not agree to these Terms, please do not opt in to our SMS service or immediately opt out by texting “STOP” to any message you receive from us. Your continued participation in our SMS service after any modifications to these Terms constitutes your acceptance of such modifications.

This agreement is subject to applicable federal and state laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and relevant Federal Communications Commission (FCC) regulations governing text messaging services.

2. Definitions

For the purposes of these Terms, the following definitions apply:

“Arka HR,” “we,” “our,” or “us” refers to Arka HR, Inc., including its employees, agents, representatives, and authorized personnel.”SMS Service” or “Text Messaging Service” refers to the Short Message Service (SMS) and Multimedia Messaging Service (MMS) communications sent to and received from your mobile device through our 10DLC-registered phone numbers.

“Opt-in” or “Opting In” means your affirmative consent to receive text messages from Arka HR, which may be provided through various methods including but not limited to: responding to an initial message, completing an online form, providing verbal consent to our representatives, or taking any other action that demonstrates your clear intent to receive our text messages.

“User,” “you,” or “your” refers to any individual who has opted in to receive text messages from Arka HR and is using our SMS service.

“Campaign” refers to any series or collection of text messages sent for a specific business purpose, including but not limited to two-factor authentication, training reminders, project updates, and internal communications.

3. Service Description and Purpose

Arka HR’s SMS Text Messaging Service is designed to facilitate efficient business communications between our company and our employees, clients, and authorized personnel. Our SMS service serves multiple business-critical functions within the human resources and professional services industry.

The primary purposes of our SMS service include:

Two-Factor Authentication (2FA): We utilize SMS messaging as a security measure to verify user identity when accessing business-critical accounts and systems. This includes sending verification codes, security alerts, and authentication confirmations to ensure the integrity of our digital platforms and protect sensitive information.

Internal Human Resources Communications: Our SMS service facilitates important HR-related communications including training session reminders, policy updates, compliance notifications, and time-sensitive announcements that require immediate attention from our team members.

Client and Project Management: We use text messaging to coordinate client onboarding processes, project milestone notifications, deadline reminders, and other professional services communications that benefit from the immediacy and reliability of SMS delivery.

Administrative and Operational Updates: Our service includes notifications about system maintenance, office closures, emergency communications, and other operational matters that require prompt delivery to ensure business continuity.

All messages sent through our SMS service are conversational in nature and designed to facilitate person-to-person communication between you and our authorized personnel.

We do not use our SMS service for mass marketing campaigns, promotional offers, or unsolicited commercial communications.

4. Message Frequency and Timing

The frequency of text messages you receive from Arka HR will vary based on your role, the services you utilize, and your level of engagement with our systems and processes.

We estimate that most users will receive between 10 to 30 messages per month, though this number may fluctuate based on business needs and seasonal variations.

Two-Factor Authentication Messages: These are sent on an as-needed basis whenever you attempt to access secured systems or when additional verification is required for security purposes. The frequency depends entirely on your usage patterns and security requirements.

Training and HR Communications: These messages are typically sent in advance of scheduled events, with reminder messages sent 24-48 hours prior to training sessions, meetings, or important deadlines. Additional follow-up messages may be sent as needed.

Project and Client Communications: The frequency of these messages depends on active projects and client engagement levels. During active project phases, you may receive more frequent updates, while during quieter periods, messaging frequency will decrease accordingly.

Emergency and Time-Sensitive Communications: These messages are sent only when immediate attention is required and cannot be delayed for standard business communication channels.

We respect your time and attention, and we make every effort to send only necessary and relevant messages.

We do not send messages during late evening hours (after 9:00 PM local time) or early morning hours (before 8:00 AM local time) unless the communication is related to emergency situations or critical security matters that require immediate attention.

5. Consent and Opt-In Procedures

Your participation in Arka HR’s SMS service requires your explicit consent, which you may provide through several methods. By opting in to our service, you confirm that you are the authorized user of the mobile phone number provided and that you have the legal authority to agree to receive text messages at that number.

Methods of Providing Consent: You may opt in to our SMS service through any of the following methods: completing our online enrollment form on the Arka HR website, responding affirmatively to an initial text message invitation, providing verbal consent to an Arka HR representative during onboarding or training sessions, or submitting a written request through our standard communication channels.

Scope of Consent: Your consent applies to receiving text messages related to all business purposes outlined in Section 3 of these Terms. This includes but is not limited to two-factor authentication codes, training reminders, project updates, administrative notifications, and other business-related communications deemed necessary by Arka HR for effective operations.

Consent Documentation: In accordance with federal regulations, we maintain records of your consent including the date, time, method of consent, and the mobile phone number for which consent was provided. This documentation serves as proof of your agreement to participate in our SMS service.

Withdrawal of Consent: You may withdraw your consent at any time using the opt-out procedures described in Section 7 of these Terms. Withdrawal of consent will terminate your participation in our SMS service, though this may impact your ability to access certain security features and receive time-sensitive business communications.

6. Electronic Signature and Records Consent

By agreeing to participate in Arka HR’s SMS service, you also provide your consent to the use of electronic records to document your agreement and all related communications.

This electronic signature consent is provided in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state electronic signature laws.

Electronic Record Agreement: You agree that your opt-in to our SMS service, whether provided online, via text message response, or through other electronic means,constitutes a valid electronic signature that is legally equivalent to a handwritten signature. You acknowledge that this electronic agreement is binding and enforceable.

Record Retention: We will maintain electronic records of your consent, opt-in date, and related communications for the duration required by applicable laws and regulations. These records may be used to demonstrate compliance with federal and state telecommunications regulations.

Access to Records: You may request copies of your electronic consent records by contacting us using the information provided in Section 12 of these Terms. We will provide such records in a reasonable timeframe and in a format that allows you to retain and review the information.

Withdrawal of Electronic Consent: You may withdraw your consent to the use of electronic records by texting “STOP” to any message from us or by contacting us directly. However, withdrawal of electronic consent will also result in termination of your participation in our SMS service.

7. Opt-Out Procedures and Unsubscribe Options

Arka HR respects your right to discontinue participation in our SMS service at any time. We provide multiple convenient methods for opting out of our text messaging service, and we will honor all opt-out requests promptly and completely.

Standard Opt-Out Keywords: You may opt out of our SMS service at any time by replying to any text message from us with any of the following keywords: STOP, QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, or OPT OUT. These keywords are not case-sensitive, and you may use either uppercase or lowercase letters.

Immediate Processing: Opt-out requests are processed immediately upon receipt. Once you send an opt-out message, you will receive a confirmation text message acknowledging your request and confirming that you have been removed from our SMS service. This confirmation message will be the final message you receive from us.

Scope of Opt-Out: When you opt out of our SMS service, you will be removed from all messaging campaigns and will no longer receive any text messages from Arka HR. Please note that opting out of SMS communications may impact your ability to receive two- factor authentication codes and other security-related messages, which could affect your access to certain business systems and services.

Alternative Contact Methods: If you opt out of SMS communications but still need to receive important business communications, please ensure that we have current emailand phone contact information for you. We will use these alternative methods to communicate time-sensitive information when necessary.

Re-Opting In: If you wish to resume receiving text messages after opting out, you will need to go through the opt-in process again using one of the methods described in Section 5. Simply texting us after opting out will not automatically re-enroll you in our SMS service.

8. Message and Data Rates

Arka HR does not charge any fees for sending or receiving text messages through our SMS service. However, standard message and data rates from your wireless carrier or mobile service provider may apply to all text messages sent and received, including messages to and from our service.

Carrier Charges: Your mobile service provider may charge you for each text message sent and received, depending on your specific service plan. These charges are determined solely by your carrier and are not controlled by Arka HR. We recommend checking with your mobile service provider to understand any applicable charges before participating in our SMS service.

Data Usage: While standard SMS text messages typically do not consume significant data from your mobile plan, multimedia messages (MMS) that include images, videos, or other attachments may use data from your mobile data allowance. Any data charges incurred are the responsibility of the user and are determined by your mobile service provider.

International Messaging: Our SMS service is designed for use within the United States. If you are traveling internationally or using a foreign mobile service provider, additional charges may apply for receiving text messages. International messaging rates are determined by your mobile service provider and may be significantly higher than domestic rates.

No Liability for Carrier Charges: Arka HR is not responsible for any charges imposed by your mobile service provider for text messaging services. You are solely responsible for understanding and managing any costs associated with your mobile service plan and text message usage.

9. Supported Devices and Technical Requirements

Our SMS service is designed to work with most mobile devices and carriers within the United States. However, certain technical requirements and limitations may affect your ability to participate in our service.

Compatible Devices: Our SMS service supports most mobile phones capable of sending and receiving text messages, including smartphones and basic mobile phones. The service is compatible with major U.S. wireless carriers including Verizon, AT&T, T-Mobile, Sprint, and most smaller regional carriers.

Technical Limitations: Some older mobile devices or certain prepaid service plans may have limitations that affect text message delivery or functionality. If you experience technical difficulties with our SMS service, please contact us using the information provided in Section 12.

Delivery Limitations: While we make every effort to ensure reliable message delivery, text message delivery can be affected by factors outside our control, including network congestion, device limitations, carrier restrictions, and geographic location. We cannot guarantee that all messages will be delivered successfully or within a specific timeframe.

Service Availability: Our SMS service is available 24 hours a day, 7 days a week, subject to maintenance periods and technical limitations. We will make reasonable efforts to notify users of any planned service interruptions that may affect message delivery.

10. Privacy and Data Protection

Arka HR is committed to protecting your privacy and handling your personal information responsibly. This section provides an overview of our privacy practices related to our SMS service. For complete details about our privacy practices, please review our Privacy Policy, which is incorporated into these Terms by reference.

Information Collection: Through our SMS service, we collect and process your mobile phone number, the content of messages you send to us, delivery and read receipts when available, and technical information about message delivery and system interactions. This information is collected solely for the purpose of providing our SMS service and ensuring effective business communications.

Information Use: We use the information collected through our SMS service exclusively for legitimate business purposes, including delivering text messages, providing customer support, maintaining service records, ensuring compliance with applicable regulations, and improving our communication services. We do not use this information for marketing purposes unrelated to our direct business relationship with you.

Information Sharing: We may share your information with third-party service providers who assist us in delivering our SMS service, including telecommunications carriers, messaging platform providers, and technical support vendors. These third parties are contractually obligated to protect your information and use it only for the specific purposes of providing services to us.

Data Retention: We retain SMS-related information for as long as necessary to provide our services and comply with applicable legal and regulatory requirements. When information is no longer needed, it is securely deleted or anonymized in accordance with our data retention policies.

Security Measures: We implement appropriate technical and organizational measures to protect your information against unauthorized access, alteration, disclosure, or destruction. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.

For additional information about our privacy practices, including your rights regarding your personal information, please review our complete Privacy Policy available on our website at arkahr.com/privacy-policy-sms

11. Prohibited Uses and Content Restrictions

Participation in Arka HR’s SMS service is subject to certain restrictions and prohibited uses. By using our service, you agree to comply with all applicable laws and regulations and to use the service only for its intended business purposes.

Prohibited Content: You may not use our SMS service to send or request content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or otherwise objectionable. You also may not use the service to transmit content that infringes on intellectual property rights, violates privacy rights, or contains malicious software or code.

Prohibited Uses: Our SMS service may not be used for any unlawful purposes, including but not limited to: sending spam or unsolicited commercial messages, conducting fraudulent activities, impersonating others, interfering with or disrupting our systems or networks, or attempting to gain unauthorized access to our systems or other users’ information.

Business Purpose Limitation: Our SMS service is intended solely for legitimate business communications related to your relationship with Arka HR. Personal use unrelated to business purposes is not permitted, and excessive personal messaging may result in termination of your access to the service.

Compliance with Laws: You are responsible for ensuring that your use of our SMS service complies with all applicable federal, state, and local laws and regulations. This includes but is not limited to telecommunications regulations, privacy laws, and employment-related communications requirements.

Enforcement: Arka HR reserves the right to monitor usage of our SMS service to ensure compliance with these Terms and applicable laws. We may suspend or terminate your access to the service if we determine that you have violated these restrictions or engaged in prohibited activities.

12. Contact Information and Customer Support

If you have questions about our SMS service, need technical support, or wish to provide feedback, we provide multiple ways to contact us. Our customer support team is available to assist you with any issues or concerns related to our text messaging service.

Primary Contact Information:

– Email: aviera@arkahr.com

– Phone: 978-984-2249

– Mailing Address: Arka HR, Inc., 867 Boylston Street, 5th Floor #2229, Boston, MA 02116

Support Hours: Our customer support team is available during regular business hours, Monday through Friday, 9:00 AM to 5:00 PM Eastern Time. We will respond to inquiries as promptly as possible, typically within one business day.

Help via SMS: You may also request help by texting “HELP” to any message you receive from us. This will provide you with basic information about our SMS service and contact information for additional support.

Technical Issues: If you experience technical difficulties with message delivery, opt-out procedures, or other service-related issues, please contact us immediately so we can investigate and resolve the problem promptly.

Compliance Contact: For questions related to privacy, data protection, or regulatory compliance, please contact our compliance officer, Andreina Viera Silva, at aviera@arkahr.com or 978-984-2249.13. Service Modifications and Termination Arka HR reserves the right to modify, suspend, or terminate our SMS service at any time, with or without notice, for any reason including but not limited to technical difficulties, regulatory changes, business requirements, or violation of these Terms.

Service Changes: We may modify the features, functionality, or availability of our SMS service to improve performance, comply with regulatory requirements, or meet changing business needs. We will make reasonable efforts to notify users of significant changes that may affect their use of the service.

Termination by Arka HR: We may terminate your access to our SMS service immediately if you violate these Terms, engage in prohibited activities, or if we determine that termination is necessary to protect our systems, other users, or our business interests.

Termination by User: You may terminate your participation in our SMS service at any time by following the opt-out procedures described in Section 7 of these Terms.

Effect of Termination: Upon termination of your access to our SMS service, you will no longer receive text messages from us, and any pending messages may not be delivered. Termination does not affect any rights or obligations that arose prior to termination.

14. Limitation of Liability and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARKA HR’S SMS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Service Availability: We do not warrant that our SMS service will be uninterrupted, error-free, or completely secure. Message delivery may be affected by factors outside our control, including carrier network issues, device limitations, and technical difficulties.

Limitation of Damages: IN NO EVENT SHALL ARKA HR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SMS SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability: OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO OUR SMS SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US, IF ANY, FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Essential Services Disclaimer: While we strive to provide reliable service, you acknowledge that SMS messaging should not be relied upon as the sole means of receiving critical or emergency communications. We recommend maintaining alternative communication methods for essential business and personal matters.

15. Governing Law and Dispute Resolution

These Terms and your use of Arka HR’s SMS service are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.  Any disputes arising out of or relating to these Terms or our SMS service shall be resolved in accordance with this section.

Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts, and you consent to the jurisdiction of such courts.

Informal Resolution: Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute through informal negotiations by contacting us using the information provided in Section 12.

Compliance with Regulations: These Terms are subject to applicable federal and state telecommunications regulations, including but not limited to the Telephone Consumer Protection Act (TCPA) and Federal Communications Commission (FCC) rules. In the event of any conflict between these Terms and applicable regulations, the regulations shall prevail.

16. Severability and Entire Agreement

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

These Terms, together with our Privacy Policy incorporated by reference, constitute the entire agreement between you and Arka HR regarding our SMS service and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to the subject matter herein.

17. Updates to Terms and Conditions

Arka HR reserves the right to update or modify these Terms at any time to reflect changes in our services, applicable laws, or business practices. When we make material changes to these Terms, we will notify users through our SMS service or other appropriate communication methods.

Notification of Changes: We will provide reasonable advance notice of material changes to these Terms, typically at least 30 days before the changes take effect. For minor changes that do not materially affect your rights or obligations, we may provide shorter notice or post updates on our website.

Continued Use: Your continued participation in our SMS service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you may opt out of our service using the procedures described in Section 7.

Version Control: We will maintain version control of these Terms and make previous versions available upon request for a reasonable period after updates are made.

Contact Information for Questions About These Terms:

Arka HR, Inc.

867 Boylston Street, 5th Floor #2229

Boston, MA 02116

Email: aviera@arkahr.com

Phone: 978-984-2249

For SMS Service Help: Text “HELP” to any message from us

To Opt Out: Text “STOP” to any message from us

This document was prepared to ensure compliance with 10DLC registration requirements and applicable telecommunications regulations. For questions about compliance or regulatory matters, please contact our compliance team using the information provided above.