SMS Terms and Conditions; Mobile Messaging Policy; and Privacy Notice

Introduction

These SMS Terms and Conditions, Mobile Messaging Policy, and Privacy Notice (collectively, the "SMS Terms") govern your use of text messaging (SMS/MMS/RCS) communications with Osborn Law Firm, PC ("Osborn Law," "we," "our," or "us"). By opting in to receive text messages from us, replying to any of our messages, or otherwise engaging with our mobile messaging services (the "Messaging Service"), you agree to these SMS Terms. If you do not agree, do not use the Messaging Service.

These SMS Terms supplement, and are incorporated into, our general Terms of Use and Privacy Policy available at www.osbornpc.com and any applicable engagement agreement. In the event of a conflict, your signed engagement agreement controls for the attorney-client relationship.

1. Program Description; Nature of Messages

1.1 We may send you messages related to: (a) intake, scheduling, and appointment reminders; (b) case status updates and time-sensitive notifications; (c) document requests and secure link notifications; (d) billing notices and payment reminders; (e) marketing messages about our legal services if you separately consent; and (f) two-factor authentication or identity verification.

1.2 Message content may be operational, transactional, or promotional depending on the consent you provide at opt-in. You are not required to consent to promotional messages as a condition of receiving legal services.

2. Consent and Opt-In

2.1 By providing your mobile number and affirmatively opting in (including by checking a box, replying YES, submitting a web form, signing an engagement letter authorizing SMS, or otherwise indicating consent), you authorize Osborn Law to send you messages at the mobile number you provide, using an autodialer, prerecorded content, or other technology as permitted.

2.2 You represent that: (a) you are the current subscriber or customary user of the number provided; (b) you are at least 18 years old or have legal capacity to consent; and (c) you will promptly notify us if you relinquish or change your number.

2.3 Separate consent will be obtained for promotional/marketing messages. Consent for transactional/operational messages may be a condition of certain services where reasonably necessary to provide those services.

3. Message Frequency

3.1 Message frequency will vary based on your matter, preferences, and interactions. Typical frequency may range from 0–10 messages per week for active matters. For marketing programs, frequency will not exceed four unless you initiate additional contact.

3.2 We may consolidate non-urgent messages where practicable. Urgent or time-sensitive updates may occur outside typical frequency limits.

4. Costs and Carrier Disclosures

4.1 Message and data rates may apply. You are responsible for all charges from your mobile carrier, including for messages you send to us and we send to you.

4.2 Carriers are not liable for delayed or undelivered messages. Delivery is subject to your mobile carrier coverage and device compatibility.

5. Opt-Out and Help

5.1 You may opt out at any time by texting STOP to any message we send. After you send STOP, we will send a one-time confirmation message and will cease further messages to that number, except where permitted or required for safety, fraud, or compliance purposes.

5.2 For assistance, text HELP to any message, or contact us at: (a) Phone: 512-275-6593 (b) Email: at the email address listed on your invoice (c) Address: 2403 N. Main Street, Taylor, Texas 76574

5.3 To manage preferences (e.g., operational vs. marketing messages), use the preference link provided in messages or contact us using the information above.

6. Updating Your Number

6.1 If you change or deactivate your mobile number, you agree to notify us at least 10 days in advance by contacting us using the information in Section 5.

7. Eligibility; Intended Use

7.1 The Messaging Service is intended for individuals located in the United States. If you are located outside the United States, message delivery, content, and legal rights may differ.

7.2 We do not knowingly solicit or collect information from children under 13 via SMS. If you believe a child has provided a mobile number, contact us immediately.

8. Confidentiality; Attorney-Client Privilege

8.1 Text messaging is not a secure channel for transmitting sensitive or privileged information. Privilege may be at risk if messages are accessible by third parties (e.g., shared devices, cloud backups, employer-provided phones). For sensitive communications, we may require use of our client portal, encrypted email, or secure document sharing.

8.2 Your receipt of SMS messages does not by itself create an attorney-client relationship. An attorney-client relationship exists only after execution of a written engagement agreement with Osborn Law.

8.3 If you are an existing client, our SMS communications with you are intended to support representation but may exclude sensitive advice or confidential documents. You agree to notify us promptly if SMS is not appropriate for your matter.

9. Data We Collect via Messaging

9.1 We may collect: (a) your mobile number and associated subscriber data; (b) message content, metadata, timestamps, delivery and read status; (c) interaction data (e.g., link clicks, HELP/STOP requests, preference changes); and (d) device and network identifiers provided by carriers or messaging platforms.

9.2 We may associate messaging data with your client file, intake record, or marketing profile, consistent with these SMS Terms and our general Privacy Policy.

10. Use and Sharing of Messaging Data

10.1 We use messaging data to: (a) deliver and administer the Messaging Service; (b) authenticate your identity; (c) communicate about scheduling, case status, billing, and services; (d) comply with legal obligations and retention requirements; and (e) improve service quality and security.

10.2 We do not sell your personal information. We may share messaging data with: (a) service providers that facilitate messaging, delivery, analytics, or security under written agreements; (b) carriers and platform providers necessary to transmit messages; (c) authorities or third parties as required by law, court order, or to protect rights, safety, or compliance; and (d) parties you authorize in writing.

10.3 For marketing messages, we may use limited data to tailor content to your interests, subject to your consent and applicable opt-out rights.

11. Data Retention

11.1 We retain messaging data for as long as necessary for the purposes described in these SMS Terms, our general Privacy Policy, and, if you are a client, consistent with our legal hold and client file retention policies. Typical retention for operational SMS is 12 months unless a longer period is required for compliance or litigation holds.

12. Security

12.1 We implement reasonable administrative, technical, and physical safeguards designed to protect messaging data. No method of transmission is entirely secure; avoid sending sensitive personal or financial information by SMS. Use our secure channels for confidential communications.

13. Your Responsibilities

13.1 You agree to: (a) provide accurate contact information; (b) maintain the security of your device; (c) promptly review time-sensitive messages; and (d) refrain from sending unlawful, abusive, or harmful content.

13.2 If you receive a message in error, delete it and notify us. Do not forward our messages without authorization if they pertain to legal matters.

14. Consent for Automated Technologies

14.1 Where required, we will obtain your express consent for messages sent using automated technologies. Your consent covers messages to the number you provide until you revoke consent as set forth in Section 5.

15. Accessibility and Alternative Channels

15.1 If you require accessible formats or prefer not to use SMS, we can communicate via phone, email, U.S. mail, or our secure client portal. Contact us using the information in Section 5.

16. Program Changes; Suspension; Termination

16.1 We may modify, suspend, or discontinue the Messaging Service, or these SMS Terms, at any time. Material changes will be communicated by SMS or posted at osbornpc.com. Your continued use after notice constitutes acceptance.

16.2 We may suspend or terminate messaging to any number for suspected fraud, abuse, unlawful conduct, or to comply with law or carrier requirements.

17. Privacy Rights and Choices

17.1 Depending on your jurisdiction, you may have rights to access, correct, delete, or restrict processing of your personal information, or to opt out of certain uses. To exercise rights, contact us at 512-275-6593. We will verify requests consistent with applicable law and our professional obligations.

17.2 If you are a client, some data may be exempt from certain consumer privacy requests where necessary to comply with legal ethics duties, privilege, or court orders.

18. Complaints and Disputes

18.1 Contact us first with any concerns at the contact information in Section 5. If your concern involves alleged unauthorized messages, include your mobile number, the message content or screenshot, and the approximate date/time received.

18.2 Nothing in these SMS Terms limits your rights under applicable professional responsibility rules or prevents you from filing a complaint with a regulatory authority.

19. No Warranty; Limitation of Liability

19.1 The Messaging Service is provided "as is." We are not responsible for delays, failures, or misdelivery due to carrier networks, device issues, or user error.

19.2 To the maximum extent permitted by law and subject to our professional obligations, we disclaim liability for indirect, incidental, or consequential damages arising from or related to the Messaging Service. This Section does not limit liability that cannot be disclaimed under applicable law.

20. Geographic Scope; Cross-Border Transfers

20.1 Messaging data may be processed or stored by service providers in the United States or other jurisdictions with different data protection laws. We implement appropriate safeguards consistent with our legal and professional obligations.

21. Third-Party Links and Platforms

21.1 Messages may include links to our client portal, payment processors, or document platforms. Your use of third-party sites is governed by their terms and privacy policies. Do not transmit sensitive data through third-party links unless designated as secure.

22. Marketing Communications; Opt-In and Opt-Out

22.1 If you opt in to marketing SMS, we will send you information about Osborn Law services, events, or updates. You may opt out at any time as described in Section 5 without affecting your ability to receive operational messages related to your matter, if applicable.

23. Recordkeeping; E-Discovery

23.1 We may preserve relevant messaging data for legal holds, audits, or regulatory requirements. You acknowledge that messages may constitute business records and agree not to intentionally delete or destroy messages that are subject to a preservation request we issue to you as a client.

24. Contact Information; Controller

24.1 Osborn Law Firm, PC is the entity responsible for the Messaging Service. Contact: Osborn Law Firm, PC, Attn: Privacy and Compliance, (a) Phone: 512-275-6593 (b) Email: at the email address listed on your invoice (c) Address: 2403 N. Main Street, Taylor, Texas 76574.

25. Changes to These SMS Terms

25.1 We will post updates to these SMS Terms with a revised "Date" and, where required, will obtain new consent for material changes to the categories or purposes of messages. Continued participation after the effective date constitutes acceptance.

26. Governing Law; Venue

26.1 These SMS Terms are governed by the laws of Texas, without regard to conflicts principles, except where preempted by applicable federal law. Venue for any dispute relating to the Messaging Service shall be in the state or federal courts located in Williamson County, Texas, subject to our professional obligations and any mandatory forum provisions that apply.

27. Severability; Entire Agreement

27.1 If any provision of these SMS Terms is found unenforceable, the remaining provisions remain in effect. These SMS Terms, together with our general Terms of Use, Privacy Policy, and any applicable engagement agreement, constitute the entire agreement regarding the Messaging Service.

28. Sample Opt-In Language and Keywords

28.1 Intake/Operational: "By providing your mobile number and clicking 'Agree & Continue,' you consent to receive SMS from Osborn Law Firm, PC regarding scheduling, case updates, and document requests. Message/data rates may apply. Message frequency varies. Reply HELP for help, STOP to cancel."

28.2 Marketing: "By checking this box and submitting, you agree to receive marketing texts from Osborn Law Firm, PC at the number provided. Consent not required to obtain legal services. Msg & data rates may apply. Msg freq varies. Reply HELP for help, STOP to cancel."

29. Sensitive Categories; Special Notices

29.1 Do not transmit Social Security numbers, driver's license numbers, financial account numbers, health information, or other sensitive personal data via SMS. Use our secure channels for such information.

29.2 If your matter involves imminent deadlines, court appearances, or emergencies, do not rely solely on SMS. Call our office directly.

30. Acknowledgment

30.1 By opting in or continuing to use the Messaging Service, you acknowledge that you have read, understand, and agree to these SMS Terms, and that you have the authority to consent for the number provided.