SMS Terms of Service

SMS Terms of Service

1. SMS Messaging Terms & Conditions

By participating in SMS or mobile messaging programs (the “SMS Service”) offered by Upland Software, Inc., and its subsidiaries and affiliates (collectively referred to as “Upland,” “we,” “our,” or “us”), you agree to these SMS Terms of Service.

2. User Consent

By opting in, you expressly consent to receive promotional text messages from Upland doing business as Upland Second Street at the mobile telephone number you provide, including contests, sweepstakes entries, and updates regarding Upland’s products, services, and events. Messages may be sent using an automatic telephone dialing system or other automated technology. You may revoke your consent at any time using any of the methods described in Section 4 below.

Consent to receive text messages is not required as a condition of purchase.

3. Message Frequency & Costs

Message frequency varies.

Standard message and data rates may apply.

4. OptOut

Reply STOP at any time to opt out, free of charge. You will receive a one-time opt-out confirmation message and will not receive further marketing messages from this program.

Standard message and data rates may apply.

5. Carrier Disclaimer

Supported carriers include, but are not limited to: AT&T, Verizon, TMobile, Boost Mobile, Cricket Wireless, Metro by T-Mobile, U.S. Cellular, Google Fi, Mint Mobile, and Consumer Cellular, as well as smaller regional carriers and certain mobile virtual network operators (MVNOs). The Mobile Service may not be available on all carriers, and certain prepaid plans, MVNOs, or international carriers may be excluded.

Wireless carriers are not responsible for delayed or undelivered messages.

This SMS Service is not sponsored, endorsed, or administered by any wireless carrier.

6. Eligibility

You must be at least 18 years of age to participate, a legal resident of the United States with a U.S. issued mobile phone number on a participating carrier. The SMS Service is offered only where lawful and is void where prohibited or restricted by law.

7. SMS Privacy Policy

This SMS Privacy Policy (“Policy”) section explains how we collect, use, and share personal data in connection with our SMS Service. This Policy supplements our primary Privacy Policy, available at https://uplandsoftware.com/privacy/. By opting in to receive SMS messages from us, you agree to the terms of this Policy.

Information Collected. When you opt in to receive SMS messages from Upland, we may collect the following personal data:

  • Your mobile phone number
  • Your name — if provided
  • Any personal data you provide in your message responses
  • Message delivery and interaction data — location, timestamps, opt-in status, etc.

How Information is Collected. We collect information directly from you when:

  • You opt in by texting a keyword to our designated number

How we use SMS information. We use your SMS data to:

  • Send transactional messages (e.g., entry confirmations, voting verification, account notifications)
  • Send promotional or marketing messages, where you have provided express written consent

Sharing your information. Upland does not sell, rent, or share your SMS opt-in consent, mobile telephone number, or the content of text messages with third parties or affiliates for their marketing or promotional purposes. We may share your information with trusted service providers who assist us in operating our SMS messaging program, such as:

  • SMS gateway providers
  • Phone carriers
  • Customer support platforms

These vendors are contractually obligated to keep your information secure and only use it to provide services on behalf of Upland.

Your choices and rights. You may opt out of receiving SMS messages at any time by any reasonable means, including by replying “STOP” to any message, by emailing us at secondstreet-support@uplandsoftware.com by calling us at (314) 880-4914. After you opt out, we will process your request within ten (10) business days. You may receive a single confirmatory message acknowledging your opt-out. Once processed, you will no longer receive text messages from us unless you opt in again. You may also text “HELP” to receive assistance or contact information. To request access to, correction of, or deletion of your SMS-related personal data, please contact us at secondstreet-support@uplandsoftware.com.

Data Security and Retention. We implement reasonable administrative, technical, and organizational measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction.

Children’s Privacy. Our SMS Service is not intended for individuals under the age of 13 (or under 16 where required by applicable law). We do not knowingly collect personal data from children. If we learn that we have collected personal information from a child without appropriate parental consent, we will take steps to delete such information promptly.

8. Service Availability & Changes

Upland does not guarantee message delivery, message timing, or continuous availability of the SMS Service, and is not responsible for any messages that are delayed, undelivered, or lost.

9. Acceptance & Electronic Signature

By providing your mobile telephone number, replying with the applicable opt-in keyword (e.g., texting a short code), or completing an online opt-in form, you (a) affirm that the information you provide is accurate, (b) agree to be bound by these SMS Terms of Service and Upland’s Privacy Policy, and (c) consent to the use of electronic records and electronic signatures in connection with the SMS Service in accordance with applicable law. Your opt-in confirms your prior express written consent to receive marketing and promotional text messages.

10. Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UPLAND, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SMS SERVICE.

11. Governing Law & Venue

These SMS Terms of Service and any dispute, claim, or controversy arising out of or relating to the SMS Service or these terms (whether based in contract, tort, statute, or otherwise) will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Austin, Texas, and waive any objection based on inconvenient forum or lack of personal jurisdiction.

12. Miscellaneous

If any provision of these SMS Terms of Service is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Upland may modify, suspend, or discontinue the SMS Service, in whole or in part, at any time, with or without notice. Upland may amend these SMS Terms of Service at any time by posting the revised terms with an updated “Effective Date” on its website. Your continued participation in the SMS Service after the effective date of any update will constitute your acceptance of the updated terms; if you do not agree, reply STOP to opt out at any time.

13. Contact Information

Questions, complaints, or other communications regarding the SMS Service or these SMS Terms of Service may be directed to secondstreet-support@uplandsoftware.com. Customer support for the SMS Service is available by replying HELP to any program message or by contacting secondstreet-support@uplandsoftware.com or at (314) 880-4914.

14. Effective Date

These SMS Terms of Service are effective as of May 8, 2026, and were last updated on May 5, 2026.