SMS TERMS OF SERVICE
Effective Date: January 29, 2026
By providing your mobile phone number to Russell & Associates CPA PA (“Company,” “we,” “us,” or “our”) and opting in to receive SMS or MMS text messages, you agree to these SMS Terms of Service (“Terms”). These Terms govern your use of our text messaging services and are in addition to any other terms and conditions that apply to our products or services.
1.1 Description of Service
We use 10-digit long code (10DLC) phone numbers to send application-to-person (A2P) text messages to our customers in the United States. These messages may include transactional updates, appointment or service notifications, account alerts, and, where permitted, limited promotional or marketing content related to our tax preparation, accounting, and business services.
1.2 Eligibility
By enrolling in our text messaging service, you represent that you are at least 18 years old, are the account holder or authorized user of the mobile number you provide, and reside in the United States.
2.1 Opt-In Methods
You may opt in to receive text messages from us through various methods, including but not limited to: online forms, account registration pages, paper or digital service agreements, or by expressly requesting SMS communications from our staff. Your opt-in will be clearly presented with language explaining that you agree to receive text messages from us at the mobile number you provide.
2.2 Nature of Consent
By opting in, you expressly consent to receive text messages from us at the mobile number you provided, including messages sent using an automated dialing system, to the extent permitted by applicable law. Your consent is not a condition of purchase and you can receive our services without agreeing to receive marketing texts.
2.3 Scope of Consent
Your consent applies only to the categories of messages described at the time of opt-in (for example, tax appointment reminders, document requests, service updates, or informational communications, as applicable). We will not repurpose your consent for unrelated messaging campaigns without obtaining additional consent where required.
3.1 Types of Messages
Depending on your relationship with us and the options you select, our messages may include:
3.2 Message Frequency
Message frequency will vary based on your interactions with us, your active services, and the specific programs you join. During tax preparation season, you can expect to receive up to 5-8 messages per month for appointment reminders and document requests. Outside of peak season, message frequency may be lower unless you specifically opt in to promotional updates.
3.3 Changes to Programs
We may add, modify, or remove SMS programs or message types from time to time. If changes materially affect the nature or frequency of messages you receive, we will provide updated information via text message or on our website.
4.1 Carrier Charges
Message and data rates may apply to each SMS or MMS message sent or received in connection with our service, as determined by your mobile carrier. You are responsible for any such charges.
4.2 Carrier Participation
Text messaging services are supported by most major U.S. carriers; however, we do not guarantee that your carrier supports our messages. Carriers are not liable for delayed or undelivered messages.
5.1 How to Opt Out
You may opt out of receiving text messages from us at any time. To stop receiving messages, reply to any of our messages with the keyword “STOP” or “UNSUBSCRIBE.” After you send such a request, we may send a single confirmation message to confirm that you have been unsubscribed. You will then no longer receive messages from that specific program, unless you opt in again.
5.2 Processing Time
We will process your opt-out request promptly, typically within a reasonable time after receipt. Please note that you may receive messages that were already in process prior to our receipt of your opt-out request.
5.3 Other Opt-Out Methods
You may also opt out of SMS messages by contacting us using the contact information provided below and clearly stating your request to stop receiving text messages, including the mobile number you wish to unsubscribe.
5.4 Help and Support
If you need assistance with our SMS program, you may reply with the keyword “HELP” to any message, or contact us using the information provided in the “Contact Us” section below.
6.1 Accurate Information
You agree to provide accurate, current mobile contact information and to notify us promptly if your mobile number changes or is reassigned. You acknowledge that texting a recycled or incorrect number may cause messages to be delivered to unintended recipients.
6.2 Authorized Use
You represent that you are authorized to use the mobile number you provide and that you have the authority to consent to receive text messages at that number. You agree not to enroll a phone number that you do not own or control.
6.3 Acceptable Use
You agree not to use our SMS service for any unlawful, abusive, harassing, fraudulent, or otherwise objectionable purposes, and you will not attempt to interfere with or disrupt the service or any associated networks.
7.1 Privacy Policy
Our handling of personal information collected through the SMS service, including your mobile number and any message content, is described in our Privacy Policy, which is incorporated into these Terms by reference. By participating in our SMS program, you acknowledge that you have read and understand our Privacy Policy.
7.2 Data Collection and Use
We may collect information such as your name, contact details, mobile number, message content, interaction history, and related metadata when you enroll in and use our SMS services. We use this information to deliver text messages, maintain and improve our services, manage customer accounts, provide support, comply with legal obligations, and, where permitted, send informational or promotional messages about our tax and accounting services.
7.3 Data Protection
We implement commercially reasonable technical and organizational measures designed to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, you understand that no data transmission or storage system can be guaranteed to be completely secure, and you use our services at your own risk.
7.4 Non-Sale of Personal Data
We do not sell or rent your personal information, including your mobile number, to third parties for their independent marketing purposes without your explicit consent. We may share your information with trusted service providers who assist us in delivering SMS services, subject to appropriate contractual safeguards.
8.1 Legal Compliance
Our SMS messaging practices are intended to comply with applicable laws and regulations governing A2P 10DLC messaging, including the Telephone Consumer Protection Act (TCPA), state telemarketing laws, Florida state privacy laws, and data protection laws such as the GDPR or CCPA, as well as CTIA guidelines.
8.2 10DLC and Carrier Requirements
We use registered 10DLC numbers and campaigns and follow applicable carrier and industry standards relating to content, consent, throughput, and volume limits. We reserve the right to suspend or modify messaging as necessary to maintain compliance with carrier rules and regulatory requirements.
9.1 Service Interruptions
Our SMS services may be subject to limitations, delays, or other problems inherent in the use of communications networks and the internet. We do not guarantee the availability, timeliness, or accuracy of any messages and are not responsible for delays, failures, or misdelivery of any messages.
9.2 Modifications to Service
We may modify or discontinue, temporarily or permanently, any part of the SMS service at any time, with or without notice, as permitted by law. Your continued use of the service after changes are posted constitutes your acceptance of the modified Terms.
Our SMS service is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the fullest extent permitted by law, we do not warrant that the SMS service will be uninterrupted, error free, or free from harmful components.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from or in connection with your use of, or inability to use, the SMS service.
Without limiting the foregoing, we are not responsible for any delays, delivery failures, or other damage or loss resulting from the transmission of messages over communications networks and facilities outside of our control, including your mobile carrier’s network. Our total liability to you for any claim arising out of or relating to these Terms or the SMS service will not exceed the amount you have paid to us, if any, for the SMS service in the three-month period preceding the events giving rise to the claim.
You agree to indemnify, defend, and hold harmless Russell & Associates CPA PA, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your violation of these Terms, your misuse of the SMS service, or your infringement of any rights of another.
We may update these SMS Terms from time to time to reflect changes in our practices, legal requirements, or service offerings. When we make changes, we will revise the “Effective Date” at the top of this document and may provide additional notice as appropriate, such as by posting a notice on our website or sending a text or email notification. Your continued use of the SMS service after such changes become effective constitutes your acceptance of the updated Terms.
Any disputes arising out of or relating to these Terms or the SMS service will be governed by the laws of the State of Florida, without regard to its conflict of laws rules. Any legal action or proceeding related to such disputes will be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction and venue of such courts.
If you have questions about these SMS Terms or our text messaging practices, or if you wish to update your contact information or change your messaging preferences, you may contact us at:
Russell & Associates CPA PA
1665 Palm Beach Lakes Blvd, Suite 1004
West Palm Beach, Florida 33401
Phone: (561) 293-4120
Website: https://russellcpatax.com