Messaging Services Agreement
This Enova Creations Messaging Services Agreement (“MSA”) is entered into as by and between Enova Creations LLC (“Enova Creations”), a limited liability company having its principal offices at [Address] and the entity entering into this MSA with Enova Creations through a corresponding Order Form or otherwise (“Company”, and together with Enova Creations, each a “Party” or jointly as the “Parties”). In consideration of the mutual obligations contained in this Agreement, the Parties agree as follows:
1. DEFINITIONS
All capitalized terms shall have the meanings ascribed to them in this Section 1 or elsewhere in this Agreement or associated Order Form.
“Affiliate” means, with respect to either Party, any person directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such Party.
“Agreement” means this MSA in combination with any associated Order Form(s).
“Applicable Law” means any law, regulation, rule, or order of any government authority applicable to a Party, its business, or the subject matter of this Agreement, including but not limited to the Telephone Consumer Protection Act, CAN-SPAM Act, and other relevant regulations.
“Confidential Information” means any information disclosed by a Party that is designated as confidential or that reasonably should be understood to be confidential.
“Content” means any text, pictures, video, or other information contained in messages.
“Message(s)” means any SMS, MMS, or other form of message supported by the Messaging Services.
“Messaging Services” means the text-based and related communications services provided by Enova Creations.
2. MESSAGING SERVICES
2.1 Services
Subject to the terms and conditions of this Agreement, Enova Creations will make the Messaging Services available to Customer on a non-exclusive basis.
2.2 Affirmative Consent
Customer will only send Messages to end users who have affirmatively consented (“opted-in”) to receive such Messages. Customer acknowledges that using the Messaging Services to send Messages to phone numbers that have not affirmatively consented is a material breach of this Agreement and contrary to Applicable Law.
2.3 Opt-Out
Customer will include clear opt-out instructions in messages when required by law. Customer shall honor opt-out requests immediately by sending one final confirmation message. Message and data rates may apply. Message frequency varies. Reply STOP to cancel and HELP for help.
2.4 Customer Responsibilities
Customer will: (a) be solely responsible for all use of the Services; (b) use the Services only in accordance with this Agreement and applicable law; (c) prevent unauthorized access to the Services; and (d) comply with all representations and warranties.
3. FEES AND PAYMENTS
Payment obligations are non-cancelable and fees, once paid, are non-refundable unless otherwise specified. Customer will pay all fees in accordance with the applicable Order Form.
4. CONFIDENTIAL INFORMATION
Each Party agrees to protect the other Party's Confidential Information and use it only for purposes described in this Agreement. Confidential Information must be kept secure and not disclosed to third parties without consent.
5. WARRANTIES AND LIABILITY
5.1 Disclaimer
THE MESSAGING SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". ENOVA CREATIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.2 Limitation of Liability
IN NO EVENT WILL ENOVA CREATIONS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. TOTAL LIABILITY SHALL NOT EXCEED FEES PAID IN THE SIX MONTHS PRIOR TO THE CLAIM.
6. TERM AND TERMINATION
The initial term is one year and automatically renews unless terminated. Either party may terminate for breach with 30 days' notice and opportunity to cure.
7. PRIVACY AND DATA PROTECTION
Enova Creations processes personal information on Customer's behalf and agrees to comply with applicable privacy laws including CCPA and other regulations. Customer data will only be used for providing the Messaging Services.
8. GENERAL PROVISIONS
8.1 Governing Law
This Agreement is governed by the laws of the state where Enova Creations is registered, without regard to conflict of law principles.
8.2 Notices
All notices must be in writing and sent to:
Enova Creations LLC
Email: info@enovacreations.com
8.3 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. Modifications must be in writing and signed by both parties.
Last Updated: October 19, 2025