Messaging & Compliance Addendum

Version: v1.0.0 Effective Date: August 8, 2026 Last Updated: August 8, 2026

Purpose. This document is incorporated into the applicable JAMr FIT Order Form and Master SaaS Terms when identified there or otherwise made applicable to Client.

1. Scope and Relationship to Master SaaS Terms

This Messaging & Compliance Addendum (the “Messaging Addendum”) applies whenever Client uses JAMr FIT to send or facilitate SMS, MMS, email, voice calls, prerecorded or artificial-voice communications, automated messages, appointment reminders, workflow communications, bulk campaigns, or similar communications (“Client Communications”). Capitalized terms not defined here have the meanings assigned in the JAMr FIT Master SaaS Terms. If this Messaging Addendum conflicts with the Master SaaS Terms on a matter specifically concerning Client Communications, this Messaging Addendum controls for that matter. The applicable Order Form controls for expressly negotiated commercial terms.

2. Client Is the Responsible Communicating Business

As between RetterTEK and Client, Client controls and is responsible for the recipients, purpose, timing, frequency, content, classification, audience, consent basis, and business objective of Client Communications. Client is the business authorizing and directing such communications. RetterTEK provides software infrastructure, routing, workflow execution, consent-record tools, and related technical functionality. Telephone numbers, sender IDs, messaging registrations, email domains, or other communication resources provisioned through JAMr FIT for Client’s account are treated as Client communication resources for purposes of Client’s responsibilities under this Addendum. Except under a separate written agreement expressly stating otherwise, RetterTEK does not act as Client’s marketing agency, telemarketing agency, call center, compliance consultant, or legal adviser.

3. Compliance With Messaging Laws

Client is solely responsible for determining and complying with all laws, rules, regulations, industry standards, and contractual requirements applicable to Client Communications, including the Telephone Consumer Protection Act (“TCPA”), FCC rules, the Telemarketing Sales Rule, CAN-SPAM Act, applicable state telephone-solicitation and mini-TCPA laws, do-not-call laws, call-recording and eavesdropping laws, privacy laws, carrier rules, and email-provider requirements (“Messaging Laws”). Client acknowledges that Messaging Laws may depend on the residence, physical location, telephone number, or other characteristics of the recipient, and not merely the location of Client’s headquarters or the club or franchise location associated with the account.

4. Consent and Lawful Basis

Before initiating a Client Communication, Client shall obtain, maintain, and be prepared to substantiate any prior express consent, prior express written consent, authorization, permission, or other lawful basis required for the communication at issue. Client is responsible for the form, content, placement, scope, and legal sufficiency of consent disclosures used in membership agreements, online forms, lead advertisements, landing pages, QR-code flows, check-in processes, verbal scripts, applications, waivers, and other collection channels. RetterTEK does not review or approve Client’s consent language, membership agreements, privacy notices, lead-generation disclosures, or verbal scripts unless RetterTEK expressly agrees in writing to perform such review.

5. Imported and Third-Party Consent

Consent or opt-in information imported or synchronized from ABC Financial, HubSpot, Meta, another CRM, a lead source, CSV file, membership platform, or other third-party source is Client-supplied information. RetterTEK may rely on that information without independently validating its accuracy, legal sufficiency, scope, or continuing validity. If Client directs JAMr FIT to treat a person as opted in because of a membership agreement or third-party designation, Client represents that the underlying agreement, disclosure, or other facts support the consent status asserted by Client.

6. Consent Audit Data

JAMr FIT may record timestamps, source identifiers, IP information, form or disclosure versions, keyword events, consent-state changes, user actions, import sources, and other records concerning purported consent or revocation (“Consent Audit Data”). Consent Audit Data is an administrative and evidentiary tool only and does not establish that RetterTEK has determined consent to be legally sufficient, unrevoked, or applicable to a particular communication.

7. Marketing vs. Transactional Classification

Client and its authorized users are responsible for accurately classifying communications as marketing, promotional, informational, transactional, servicing, appointment-related, relationship, or other applicable categories. RetterTEK may default ambiguous or unclassified communications to a more restrictive marketing classification as a technical risk-control measure. Such defaulting does not constitute legal advice or a determination of the communication’s legal status. Client shall not classify or route marketing content as transactional, informational, servicing, appointment-related, or otherwise exempt for the purpose of avoiding consent, suppression, quiet-hour, opt-out, or other compliance controls. Doing so constitutes a material breach of the Agreement.

8. Opt-Outs, Revocations, and Suppression

Client shall honor valid STOP requests, unsubscribe requests, do-not-call requests, consent revocations, and equivalent recipient requests as required by applicable law. Client shall not knowingly re-enable, re-import, reroute, or otherwise work around a valid suppression or opt-out for the purpose of continuing prohibited communications. STOP/START handling, suppression lists, consent flags, unsubscribe processing, and similar JAMr FIT features are operational safeguards and do not relieve Client of responsibility to monitor and honor legally valid recipient requests, including requests delivered through channels that the platform may not automatically process.

9. Quiet Hours and Recipient Location

JAMr FIT may provide configurable quiet-hour or scheduling controls. Client acknowledges that a tenant, club, or account timezone is only a scheduling proxy and may not reflect the recipient’s legally relevant location. Client remains responsible for determining and complying with any federal, state, or local calling or messaging time restrictions applicable to the recipient.

10. Reassigned, Recycled, and Incorrect Numbers

Client assumes responsibility for risks associated with reassigned, recycled, transferred, mistyped, disconnected, or incorrectly associated telephone numbers. Client shall maintain reasonable list hygiene and promptly update contact information when Client knows or reasonably should know that the intended recipient is no longer associated with a number.

11. Franchise and Cross-Location Communications

If Client directs RetterTEK or configures JAMr FIT on the premise that a member’s consent extends to a franchisor, affiliates, commonly branded clubs, or additional franchise locations, Client represents and warrants that the governing agreements and applicable law support that scope. A member’s visit, booking, class attendance, purchase, or other interaction with another location does not, by itself, constitute a representation by RetterTEK that marketing consent exists for that location. Client shall not use appointment, booking, reminder, service, or other transactional pathways to transmit marketing where the required marketing consent or lawful basis is absent.

12. Email Compliance

Client is solely responsible for compliance with laws and provider rules applicable to email sent through JAMr FIT. Where applicable, Client shall use accurate sender and header information, non-deceptive subject lines, a valid physical postal address, a clear unsubscribe mechanism, and timely suppression of recipients who have validly opted out. Client is responsible for its sending-domain configuration and reputation, including SPF, DKIM, DMARC, domain authentication, list hygiene, complaint rates, and any required brand or sender verification. RetterTEK does not warrant inbox placement or acceptance by any mailbox provider.

13. Voice and Call Recording

If voice or recording functionality is enabled, Client is solely responsible for determining whether a call may lawfully be initiated, monitored, recorded, stored, transcribed, or analyzed. Client shall provide required notices and obtain required consents under one-party, all-party, two-party, wiretap, eavesdropping, biometric, and other applicable laws. Client shall not assume that the law of Client’s headquarters governs a call involving a person in another jurisdiction.

14. A2P, Carrier, Twilio, SendGrid, and Provider Requirements

Client shall timely provide complete and accurate information for A2P 10DLC registration, toll-free verification, sender verification, domain authentication, brand registration, campaign registration, and similar requirements. Client represents that all business, brand, website, use-case, campaign, consent-flow, and messaging information submitted for such registrations is accurate. Carriers, aggregators, mailbox providers, Twilio, SendGrid, and other providers may filter, delay, reject, block, throttle, suspend, or terminate traffic. RetterTEK does not guarantee message delivery, carrier approval, number availability, inbox placement, or uninterrupted third-party service. Client is responsible for applicable registration, carrier, telecommunications, and pass-through fees stated in the Order Form or pricing schedule.

15. Suspension for Messaging Risk

RetterTEK may immediately suspend, throttle, reject, or restrict Client Communications if RetterTEK reasonably believes Client is sending spam, using forged or materially unreliable consent, intentionally bypassing compliance controls, generating excessive complaints, providing materially false registration information, threatening provider relationships, violating Messaging Laws, or exposing RetterTEK or a subprocessor to material legal, regulatory, carrier, or reputational risk.

16. No Compliance Warranty

Quiet-hour controls, STOP handling, consent flags, audit logs, suppression lists, message classifications, templates, alerts, and similar features are provided as compliance-assistance tools only. They are not legal advice, a legal opinion, a certification, or a warranty that Client Communications comply with Messaging Laws.

17. Indemnification

Client’s indemnification obligations under the Master SaaS Terms expressly apply to and include claims, investigations, statutory damages, fines, penalties, carrier assessments, settlement amounts, and reasonable attorneys’ fees arising out of or relating to Client Communications; Client’s consent practices; opt-out handling; do-not-call compliance; reassigned-number claims; communication classification; imported consent data; franchise-wide or cross-location consent assertions; email compliance; call recording; registration submissions; or Client’s violation of Messaging Laws or provider rules.

18. Survival

Sections concerning Client responsibility, consent, audit data, indemnification, and any obligations that by their nature should survive will survive expiration or termination of the Agreement.