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Terms and Conditions

Effective Date: January 1, 2025
Last Updated: April 12, 2025

ASCENDING TECHNOLOGIES, INC. SMS TERMS AND CONDITIONS (U.S.-BASED TEXT MESSAGING PROGRAMS)

IMPORTANT! PLEASE READ THESE ASCENDING TECHNOLOGIES, INC. SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY ASCENDING TECHNOLOGIES, INC. ("ASCENDING TECHNOLOGIES," "ASCENDING TECHNOLOGIES, INC.," "WE," "US," OR "OUR") TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF ASCENDING TECHNOLOGIES, INC.'S TEXT MESSAGING PROGRAMS, YOU AGREE TO BE BOUND BY THESE SMS TERMS AND CONDITIONS. THESE TERMS ALSO CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR RIGHTS IN THE EVENT OF A DISPUTE.

By signing up for one or more text messaging programs, you expressly consent to receive marketing and non-marketing text messages, as applicable, from Ascending Technologies, Inc. and others acting on our behalf, at the telephone number(s) you provide. You may opt out of these communications at any time. Consent to receive text messages is not a condition of purchase.

Program Description

Ascending Technologies, Inc. text messages are intended to provide you with information regarding your service, as well as marketing and promotional information about Ascending Technologies, Inc.'s products and services (e.g., events and promotions offered by Ascending Technologies, Inc. or any of its authorized dealers). We may also send you transaction-related information.

Message Frequency

The number of text messages you receive will vary depending on the Ascending Technologies, Inc. messaging programs you enroll in and the frequency of communications from those programs.

How to Opt-In

  1. Ascending Technologies, Inc. will send SMS messages to users who register for services or notifications through:
  • The website ascendingti.com;

  • The ascendingti.com customer portal;

  • Direct registration with an Ascending Technologies, Inc. representative;

  • Completion of paper forms;

  • Sending a text message to (956) 725-2654.

Data Sharing and Disclosure

  1. Ascending Technologies, Inc. does not share your personal data or mobile opt-in data with third parties for marketing or promotional purposes. We may share your data with third parties only under the following circumstances:
  • Service Providers: With third-party vendors who perform services on our behalf, such as IT service providers, data storage vendors, and telecom service providers;

  • Legal Obligations: When required to do so by law or in response to legal process;

  • Protection: To protect our rights, property, and safety, as well as the rights, property, and safety of our customers and others.

Data Collected by Ascending Technologies, Inc.

  1. We collect various types of personal data, including:
  • Identity Data: First and last name;

  • Contact Data: Email address, phone number, billing address, and delivery address;

  • Technical Data: IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform;

  • Usage Data: Information about how you use our website, products, and services;

  • Marketing and Communications Data: Your marketing preferences and communication preferences.

Methods of Data Collection

  1. Ascending Technologies, Inc. collects personal data through various means, primarily including:
  • Direct Interactions: You provide personal data when you fill out forms, create an account, subscribe to services, request marketing materials, or provide feedback;

  • Automated Technologies: As you interact with our website, we may automatically collect technical data about your equipment, browsing actions, and usage patterns through cookies, server logs, and other similar technologies.

How We Use Your Personal Data

  1. We use your personal data for the following purposes:
  • SMS Program: If you opt into our SMS program, we will send you messages regarding our services, updates, policies, and promotional offers. These messages may include product updates, service notifications, and special promotions. You can opt out at any time.

  • Service Provision: To fulfill our contractual obligations with you, whether those contracts are in formation or already established.

  • Marketing and Communications: To send marketing materials and communicate with you about our services.

  • Prospecting: To analyze your data to better understand your preferences and prospects for new clients.

  • Customer Support: To respond to your inquiries and provide customer support.

Data Storage, Maintenance, and Protection

  1. We implement appropriate security measures to protect your personal data from accidental loss, unauthorized use or access, alteration, or disclosure.
    Our security measures include:
  • Data Encryption: Encrypting personal data to prevent unauthorized access.

  • Access Controls: Limiting access to personal data to authorized personnel only.

  • Regular Security Assessments: Conducting regular security reviews to identify and address potential vulnerabilities.

Your Rights Regarding Personal Data

  1. You have the following rights:
  • Access: Request access to the personal data we hold about you.

  • Correction: Request correction of any incomplete or inaccurate personal data.

  • Erasure: Request deletion of your personal data where there is no valid reason for continued processing.

  • Objection: Object to the processing of your personal data where it is based on our legitimate interests or those of a third party.

  • Restriction: Request restriction of processing in certain circumstances.

Opt-Out Options and Mobile Information

  1. You can opt out of receiving marketing communications at any time through the following methods:
  • SMS: Reply "STOP" to any SMS message you receive from us.

  • Email: Click the "unsubscribe" link included in any email we send.

  • Account Settings: Update your communication preferences through your account settings on our website.

More on Mobile Information Usage, Collection, and Privacy:

Our SMS program provides updates, notifications, and promotional messages related to our services. By subscribing, you consent to receive SMS messages at the phone number provided. Message frequency may vary based on your interaction with our services.

We do not share your mobile information with third parties or affiliates for marketing or promotional purposes.
Additionally, text messaging originator opt-in data and consent information are excluded from any sharing with third parties under any circumstances.

However, we may share your data with trusted service providers who assist in operating our SMS program, provided they agree to maintain confidentiality and use the data solely for providing services on our behalf.

You can access, correct, verify, or delete your personal information at any time by contacting us at 956-725-2654.

Opt-Out Option: To stop receiving SMS messages, reply "STOP" to any of our messages or contact us directly at 956-725-2654.
Opting out of SMS communications will not affect your other interactions with our services.

Changes to this Privacy Policy

  1. We may update this Privacy Policy from time to time to reflect changes in our services, data usage practices, or applicable law.

When changes are made, we will revise the “Last Updated” date at the top of this document. If material changes are made, we will provide notice or obtain your consent as required by law.

We encourage you to review this Privacy Policy regularly to stay informed about our practices and the ways you can exercise your privacy rights.
All practices described are subject to the laws of the jurisdictions in which we operate.

Your Mobile Telephone Number

  1. You represent that you are the account holder for the mobile telephone number(s) you enroll in our services. You are responsible for notifying Ascending Technologies, Inc. immediately if you change your mobile telephone number. You may notify us of any changes by contacting us at 956-725-2654. You agree to indemnify Ascending Technologies, Inc. fully for all claims, expenses, and damages related to or arising from your failure to notify us of any change to your telephone number. This includes, but is not limited to, any claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Access or Delivery to Mobile Network Is Not Guaranteed

  1. It is your responsibility to verify that your mobile carrier supports text messaging and that your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
  2. Delivery of information and content to your mobile device may fail due to various circumstances or conditions. You acknowledge and agree that network services, including mobile network services, are outside of the control of Ascending Technologies, Inc., and we are not responsible or liable for any issues arising from such network services, including delayed or undelivered messages, or the security of any messages.

Supported Carriers

  1. Supported carriers may change over time, but currently include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), Google Voice, Spectrum, Wildix, among others.
  2. Carriers are not liable for delayed or undelivered messages.
  3. Wildix is not liable for delayed or undelivered messages.

Eligibility

  1. To receive Ascending Technologies, Inc. text messages, you must be a resident of the United States and at least 18 years of age. Ascending Technologies, Inc. reserves the right to request proof of age.

How to Opt-Out

  1. You may cancel the SMS service at any time by texting "STOP" to the short code provided. After sending "STOP," we will send you a confirmation SMS that you have been unsubscribed. After this confirmation, you will no longer receive SMS messages from us. To resubscribe, simply sign up again, and we will resume sending SMS messages.

Cost

  1. Message and data rates may apply for any messages sent to you from us or from you to us. You will receive a maximum of four messages per shipment tracked. If you have any questions about your text or data plan, please contact your wireless provider.

Support/Help

  1. For questions or issues, please call us at 956-725-2654. If you experience issues with the messaging program, you may reply with the keyword "HELP" for further assistance, or contact us directly at 956-725-2654.

Termination of Text Messaging

  1. We may suspend or terminate your receipt of Ascending Technologies, Inc. text messages if we determine that you have breached these SMS Terms and Conditions. Your receipt of Ascending Technologies, Inc. text messages is also subject to termination if your mobile telephone service is terminated or lapses. Ascending Technologies, Inc. reserves the right to modify or discontinue, temporarily or permanently, all or any part of our text messaging services, with or without notice.

Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Any dispute or claim relating to your receipt or use of Ascending Technologies, Inc. text messages will be resolved through binding arbitration, rather than in court.

Any and all disputes, claims, demands, or causes of action (including interpretation and scope of this clause, and whether a dispute is subject to arbitration) between you and Ascending Technologies, Inc. (including its employees, agents, successors, or assigns) will be exclusively resolved through binding and confidential arbitration, except that you or Ascending Technologies, Inc. may take claims to small claims court if they qualify. Additionally, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the infringement, misappropriation, or violation of intellectual property rights, such as copyrights, trademarks, patents, or trade secrets.

This agreement to arbitrate is intended to be broadly interpreted and includes claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or any other relevant statute, regulation, or legal theory. You and Ascending Technologies, Inc. agree that the Federal Arbitration Act (FAA), 9 U.S.C. § 1, et seq., governs this agreement and will decide whether a dispute is subject to arbitration.

Unless otherwise agreed in writing, arbitration will be administered by the JAMS International Arbitration Rules in effect at the time of filing (the "JAMS Rules"). The arbitrator must follow the terms of these SMS Terms and Conditions and can award damages and relief (including attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision is final and binding, subject to limited exceptions under the FAA, and judgment on the award may be entered in any court with proper jurisdiction.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ASCENDING TECHNOLOGIES, INC. ARE WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATION AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS, EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD ALLOW SUCH ARBITRATION. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, UNLESS YOU AND ASCENDING TECHNOLOGIES, INC. AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall take place in the United States county where you reside or work, Texas, or any other mutually agreed-upon location, subject to the laws of Texas. The arbitration may award the same damages and relief as a court, including injunctive relief, on an individual basis. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if permitted by law, seek relief against us on your behalf.

OPT-OUT OF AGREEMENT TO ARBITRATE: You may opt out of this agreement to arbitrate by emailing Ascending Technologies, Inc. at dispatch@ascendingti.com and providing the following information: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for Ascending Technologies, Inc. SMS Terms and Conditions, and (5) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed within 30 days of your initial acceptance of these Ascending Technologies, Inc. Terms and Conditions.

Limitation of Liability

To the fullest extent permitted by applicable law, Ascending Technologies, Inc. shall not be responsible or liable for any damages of any nature, including, without limitation, any incidental, special, or consequential damages (such as lost profits or lost business opportunities), punitive damages, or attorney’s fees.

Applicable Law

Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Texas.

Severability

If any term of these Ascending Technologies, Inc. Terms and Conditions is determined to be illegal, invalid, or incapable of being enforced, that term shall be excluded to the extent of such invalidity or unenforceability, and all other terms shall remain in full force and effect. To the extent permitted, the invalid or unenforceable term shall be replaced by a valid and enforceable term that most closely expresses the original intent. If the application of this severability provision materially and adversely affects the economic substance of the transactions contemplated herein, the adversely affected party shall be entitled to compensation for such impact, provided that the invalidity or unenforceability of the term was not caused by serious misconduct by the party seeking compensation.