Effective Date: February 3, 2025
Arkana SMS Terms of Service
Acceptance of Terms
By opting in to Arkana’s SMS service, you acknowledge and agree to these SMS Terms of Service (“Terms”). This includes agreeing to receive text messages (SMS and/or MMS) from Arkana (our pet insurance service) at the phone number you provide. Your consent to receive these messages is **voluntary** and **not a condition of purchase** of any Arkana product or service. If you do not agree to these Terms, please do not use or opt in to the SMS service. You may withdraw your consent at any time as described in the **Opt-Out Information** section below.
Description of SMS Service
Arkana’s text messaging service is intended to enhance your experience by providing timely **reminders and notifications related to your pet insurance quote process**. If you have initiated a quote on our platform but not completed it, we may send you a **reminder message** to help you finish your application or provide any necessary follow-up information. The content of our SMS messages will be **strictly related to your quote** (e.g. reminders to complete a quote or helpful tips) and will **not include any claims-related information** or unrelated marketing content. This service is offered for your convenience, and message delivery times may vary. **No insurance claims updates or sensitive personal information will be sent via SMS** under this program.
Opt-Out Information
You can opt out of Arkana’s SMS messages at **any time**. To stop receiving messages, simply reply **“STOP”** to any Arkana text. After we receive your opt-out request, we will send a one-time confirmation message to let you know you have been unsubscribed, and thereafter you will no longer receive SMS notifications from us. **No further action** is required to opt out. If you change your mind later and wish to re-enroll, you may need to provide a new consent (for example, by signing up again on our website or texting a designated opt-in keyword). Standard messaging rates (see **Message and Data Rates** below) apply to opt-out and confirmation messages. You may also contact us directly for assistance with opting out (see **Contact Information** below).
Helpful Tip: You can also text **“HELP”** for information or assistance with the SMS service. In response, we will send instructions on how to manage your SMS subscriptions or how to contact customer support.
Message Frequency
Message frequency may vary based on your interaction and engagement with Arkana. Generally, you will receive text messages only when necessary to remind you about your pending pet insurance quote or to follow up on your request. For example, if you started a quote but didn’t complete it, you might receive a couple of reminder texts over the following days.
If you promptly finish your quote or indicate that you’re not interested, you will not continue to receive further reminders. Arkana will **not send excessive or unnecessary messages** – our goal is to provide helpful updates, not to spam you. The exact number of messages can depend on factors like your progress in the quote process or if you respond to our texts with questions. If at any time you feel you are receiving too many messages, you can opt out as described above.
Message and Data Rates
By participating in Arkana’s SMS service, you understand that **standard message and data rates may apply**. Arkana does **not charge** you any additional fees for sending or receiving text messages; however, **your mobile carrier** may charge you according to your wireless plan for any messages sent to or from Arkana. Charges could include SMS message fees or data usage fees, depending on your plan and carrier. **You are responsible for any such charges**. If you are unsure what fees may apply, please check with your mobile service provider. Arkana is not responsible for any text messaging or data charges incurred by your use of the service. (For example, if you have a limited texting plan, our messages will count toward your plan limits.)
General Conditions
Arkana’s SMS service is provided as a **convenience** to our users, and while we strive for reliable and timely messaging, there are general conditions and limitations you should understand:
No Guarantee of Delivery or Timing: We do not guarantee that messages will be delivered, or that they will arrive within a certain timeframe. Delivery can be influenced by factors outside our control, such as your mobile carrier’s network availability, transmission quality, and device settings. **Wireless carriers are not liable for delayed or undelivered messages**, and Arkana is likewise **not responsible for any delays, failures, or errors** in the transmission or receipt of SMS messages. This includes, without limitation, situations of network congestion or outages.
Service Availability: The SMS service may not be available in all areas or on all mobile carriers. Arkana’s text messages are supported by most major carriers, but we make no guarantee that your specific carrier or mobile device will support the service. The list of supported carriers may change at any time. Additionally, the service may be temporarily unavailable from time to time for maintenance, upgrades, or other reasons. Arkana reserves the right to suspend or discontinue the SMS service (in whole or in part) at any time without prior notice.
User Duties: By opting in, you certify that **you are the owner or authorized user of the mobile phone number** you provided to Arkana and that you are authorized to incur any message or data charges that may be incurred. You agree to provide accurate contact information. If you change or deactivate your mobile number, please inform us or opt out of the service to prevent messages from being sent to the wrong person.
Modification of Terms: Arkana may update or modify these SMS Terms of Service occasionally to reflect changes in laws, regulations, or our practices. If we make material changes, we will **notify you** by updating the effective date at the top of this document and, when required by law, by additional means (for example, via our website or an in-app notification). Your continued participation in the SMS service after any changes to these Terms constitutes your acceptance of the revised Terms.
No Warranties: Apart from any explicitly stated commitments in these Terms, the SMS service is provided on an “**as is**” and “**as available**” basis without any warranty of any kind. This means Arkana makes **no promises or guarantees** that the messaging service will be uninterrupted, error-free, or 100% secure. We disclaim any implied warranties, including any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by law.
Limitation of Liability
To the fullest extent permitted by applicable law, **Arkana will not be liable for any damages or losses arising from your use of (or inability to use) the SMS service.** In no event shall Arkana or its affiliates, officers, employees, or agents be liable to you for any **indirect, incidental, consequential, special, or punitive damages**, or for any loss of profits, revenue, data, or goodwill, even if we have been advised of the possibility of such damages. Arkana’s total cumulative liability for any claim arising out of or relating to the SMS service is limited to the lesser of (a) the amount you have paid to us for the service (which is typically $0, since Arkana does not charge for SMS) or (b) \$100, **even if** a remedy fails of its essential purpose.
This limitation of liability applies to any claims based on **any legal theory** (contract, tort, negligence, strict liability, or otherwise) and even if there is more than one incident or claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you to the extent prohibited by law. However, in such jurisdictions, Arkana’s liability will be limited to the fullest extent permitted by applicable law.
Indemnification
You agree to **indemnify, defend, and hold harmless Arkana**, its parent company, affiliates, and each of their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) that arise out of or relate to your use of the SMS service, your provision of a phone number that you are not authorized to use, **your violation of these Terms**, or **your violation of any law or regulation** or the rights of any third party in connection with your use of Arkana’s SMS service. This means you will reimburse Arkana for any losses or costs it suffers due to your actions or misuse of the SMS service. Arkana reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with Arkana’s defense of such claims. You will not settle any claim covered by this indemnification without Arkana’s prior written approval.
Governing Law
These SMS Terms of Service and any disputes arising from or relating to the SMS service or these Terms will be **governed by the laws of the State of Texas**, without regard to its conflict of laws principles. By using the SMS service, you agree that any disputes or claims will be resolved in accordance with **Texas law**. If any provision of these Terms is found to be unlawful, void, or unenforceable under applicable law, that provision will be deemed severable from the remaining provisions and will not affect the validity and enforceability of the rest of the Terms. (In some cases, your local consumer protection laws may give you additional rights or protections; these Terms are not intended to limit those rights where applicable.)
Jurisdiction: You further consent and agree that any legal action or proceeding between you and Arkana arising out of or related to these Terms shall be brought exclusively in the courts of [State of Texas]. (If you reside outside of Texas or the SMS service is used outside Texas, there may be jurisdiction in those places as required by law, but to the extent allowed, you agree to Texas jurisdiction.)
Contact Information
If you have any questions, concerns, or feedback about Arkana’s SMS service or these Terms of Service, please feel free to contact us:
Email: [email protected] (or [email protected] for privacy-related inquiries)
Phone: 1-(254)-268-3567
Mail: Arkana, 2609 Euclid Avenue, Austin TX 78704
You may also get assistance by texting **“HELP”** in response to any Arkana message, and we will reply with instructions or how to contact customer support. We are committed to addressing any issues or questions you have about our SMS program.