Terms and Conditions for SMS Services
Effective Date: 1/2/2025
Welcome to the InnoFi Auto Finance, LLC. (“InnoFi,” “we,” “us,” or “our”) SMS service. These Terms and Conditions (“Terms”) govern your use of our SMS-based communications, including but not limited to account notifications, payment reminders, promotional messages, alerts, and other related messages (collectively, the “SMS Services”). By opting in to or using our SMS Services, you agree to be bound by these Terms.
1. Program and Acceptance of Terms
1.1 Program/Brand Name
These SMS Services are offered by InnoFi Auto Finance, LLC., and may be referred to as the “InnoFi SMS Program.”
1.2 Binding Agreement
By enrolling or otherwise using our SMS Services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, you must not use the SMS Services.
1.3 Additional Agreements
These Terms supplement any other agreements you have with us (e.g., our Privacy Policy and Website Terms of Use). In the event of a conflict between these Terms and any other agreement, these Terms will control solely with respect to the SMS Services.
2. Eligibility
2.1 Age Restriction
You must be at least 18 years old, or the age of majority in your jurisdiction, to sign up for and use the SMS Services. If you are under the legal age, you must have the consent of a parent or legal guardian.
2.2 Residency
Our SMS Services may not be available in all regions. By enrolling, you confirm that your mobile number is registered with a carrier in a region in which our SMS Services are supported.
3. User Responsibilities
3.1 Accurate Information
You agree to provide accurate, current, and complete information about yourself as prompted by our sign-up forms or any other registration processes. You are responsible for keeping your contact details up to date.
3.2 Account Security
You are responsible for maintaining the confidentiality of any login credentials and any activities that occur under your account. Notify us immediately if you suspect unauthorized access or a security breach.
3.3 Compliance
You agree to comply with all applicable laws and regulations, including any telecommunication regulations, while using our SMS Services.
4. Message Frequency and Rates
4.1 Message Frequency Disclosure
Message frequency may vary. The number of SMS messages you receive may depend on your account activity, preferences, and the nature of the messages (e.g., payment reminders, promotional offers, or account updates). We reserve the right to alter messaging frequency at our discretion.
4.2 Message and Data Rates
Message and data rates may apply, depending on your mobile plan or carrier. You are responsible for all charges related to SMS messaging imposed by your carrier, including roaming charges if applicable. Please contact your carrier for details.
4.3 Participating Carriers
Our SMS Services may not be compatible with all mobile carriers or handset models. However, participating carriers include (but may not be limited to) AT&T, T-Mobile, Metro PCS, Verizon Wireless, US Cellular, Google Voice, Cellular One, Cellcom, Cellular South, Interop, and Clearsky. We are not liable for any delays in message delivery or any part of the messaging process that is beyond our control.
4.4 Carrier Liability Disclaimer
Carriers are not liable for delayed or undelivered messages. By enrolling in our SMS Services, you acknowledge and agree that we cannot guarantee message delivery in every instance.
5. Opt-In and Opt-Out
5.1 Opt-In
To receive messages, you must explicitly opt in via a website form, text message keyword, or any other channel we provide for sign-up. By opting in, you consent to receive text messages from InnoFi Auto Finance, LLC.
5.2 Opt-Out
You may opt out at any time by following the specific unsubscribe instructions in any message you receive or by texting the designated keyword (e.g., “STOP”) to the number or short code from which you received our messages. After opting out, you may receive a final confirmation message, and then no further messages will be sent unless you opt in again.
5.3 Customer Care/Support
For support or assistance related to the SMS Services, you may contact our customer service at (800) 892-9925 or customercare@innofi.com. Alternatively, you can text “HELP” to the number or short code from which you received our messages for more information.
6. Privacy and Data Protection
6.1 Personal Information
When you use our SMS Services, we may collect certain personal data, such as your phone number and any other information you provide. We handle personal data in accordance with our Privacy Policy, which you can find on our website.
6.2 Data Usage
We use your personal data to provide, maintain, and improve our SMS Services, including sending you alerts, reminders, updates, or promotional information. We do not sell your personal data to third parties.
6.3 Data Security
We implement reasonable technical and organizational measures to protect your personal data. However, no security measures are perfect or impenetrable. You acknowledge that any transmission of data has inherent risks.
7. Content and Intellectual Property
7.1 Ownership
All trademarks, service marks, logos, text, images, and other materials sent as part of the SMS Services are the property of their respective owners. You agree not to use, reproduce, modify, or distribute any content without prior written permission.
7.2 License to Use
By submitting any content (such as responses or feedback) through the SMS Services, you grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, and display such content in connection with operating or marketing our services.
8. Disclaimer of Warranties
8.1 AS-IS Basis
Your use of the SMS Services is at your own risk. The SMS Services are provided on an “AS-IS” and “AS AVAILABLE” basis, without warranties of any kind (express or implied), including merchantability, fitness for a particular purpose, or non-infringement.
8.2 No Guarantee of Availability
We do not guarantee continuous, uninterrupted, or secure access to the SMS Services. We are not responsible for any delays or errors in transmission arising out of your use of the SMS Services.
9. Limitation of Liability
9.1 Exclusions
To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to your use of (or inability to use) the SMS Services.
9.2 Maximum Liability
If any liability is found despite the above limitations, our total liability for all claims arising out of or related to these Terms or the SMS Services shall not exceed the amount you paid us (if any) for the specific SMS Services at issue in the past six months.
10. Indemnification
You agree to indemnify, defend, and hold harmless InnoFi Auto Finance, LLC., its affiliates, officers, directors, employees, agents, and licensors from and against any claims, actions, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms or your misuse of the SMS Services.
11. Modification and Termination
11.1 Changes to Terms
We reserve the right, at our sole discretion, to modify these Terms at any time. Any changes become effective immediately upon posting the updated Terms. By continuing to use the SMS Services after the updated Terms are posted, you accept those changes.
11.2 Termination
We may suspend or terminate your access to the SMS Services for any reason, including if we believe you have violated these Terms or applicable law. Upon termination, your right to use the SMS Services will immediately cease.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Salt Lake County for any actions arising out of or relating to these Terms or the SMS Services.
13. Entire Agreement
These Terms, along with any other policies referenced herein, constitute the entire agreement between you and InnoFi Auto Finance, LLC. regarding the SMS Services. They supersede any prior agreements, communications, or understandings.
14. Contact Us
If you have any questions or concerns about these Terms or the SMS Services, please contact us at:
InnoFi Auto Finance, LLC.
11456 Temple Dr. Suite 201
South Jordan, UT 84095
Email: customercare@innofi.com
Phone: (800) 892-9925
Last Updated: 1/2/2025