SMS policy
CLUTCH - COMMUNICATION CONSENT & WIRELESS POLICY
Updated October 11,2024
OUR TERMS OF SERVICE REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, WAIVE YOUR RIGHT TO A TRIAL BY JURY AND MAY REQUIRE CLAIMS TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO OUR TERMS OF SERVICE, YOU MAY NOT PARTICIPATE IN THE CLUTCH SMS TEXTING SERVICE.
THE CONSENT IN THIS DOCUMENT AUTHORIZES US TO CONTACT YOU IN A COMMUNICATON FOR OFFERS, PROMOTIONS, SERVICES, MARKETING ETC.
In this document the words “”, “we”, “us”, and “our” refer to WithClutch, Inc. ("Clutch") and any of its affiliates, agents, service providers or assignees. The words “you” and “your” mean you, the individual identified as a user on the site that may request financing options, account opening options and services, and insurance options and services made available by Clutch and any of its affiliates providers (the “Request”). You may access different products and services to provide information that (i) banks, mortgage companies, and other lenders (“Financial Services Providers”) use to process loan and deposit applications and offer other financial services to you; and (ii) insurance companies (“Insurance Services Providers”, and collectively with Financial Services Providers, “Providers”) process insurance applications and offer other insurance services to you.
AUTHORIZATION AND CONSENT
You, via your electronic signature under the E-sign Act: (a) certify that all information you have provided or will provide to us is true and accurate; (b) understand that we will retain information you provide to us whether or not you receive a product or service through our a participating Provider or financial institution; and (c) acknowledge and agree that we may share certain non-public personal information about you in accordance with our Privacy Policy and Terms of Service, which are expressly incorporated by reference. These terms are not intended to modify any other terms or privacy policy that may govern the relationship between you and Clutch in other contexts.
If you do not agree to these terms, you must immediately cease using the Clutch SMS texting service and opt out, as instructed in Section 3.
You agree that as part of any account administration (if you successfully obtain a loan or account through our participating Providers or financial institution) and otherwise in conjunction with the services you have requested, we may :
(a) monitor and record telephone calls to assure the quality of our service or for other reasons;
(b) contact you through the use of email, telephone calls, and/or SMS text messages to your mobile, home, or work phone numbers, as well as any other phone number you have provided in connection with your account and/or application, including through the use of automated methods such as automatic telephone dialing systems, autodialers, or artificial or prerecorded messages (each a “Communication”)
(i) as necessary to service your account, including, but not limited to, to notify you regarding your account, collect any amounts you owe, resolve customer disputes, and as otherwise necessary to service your account with us; and
(ii) for offers, promotions, services, marketing, etc.;
(c) include your personal information in a Communication as permitted by law; and
(d) always communicate with you in a manner permissible by law that does not require your prior consent.
Some of these Communications may result in charges to you from your third-party service providers. You understand that consent to account related text messages and emails is not a condition of obtaining credit or other services from us. You may withdraw your consent from account-related text messages and emails at any time by replying “STOP” at any time to any account-related text received from us, or by emailing us at legal@withclutch.com. By providing your mobile phone number(s) and/or email address to us, you have provided Clutch consent to send you account-related text and email messages.
Clutch does not knowingly or purposefully engage in the direct selling of customer phone number or other related short code data for the purposes of any third-party marketing to users without your express consent, including for the purpose of direct marketing campaigns.
1. “Account text” means any Short Message Service (“SMS”) communication or text message from us to you pertaining to your account, including, but not limited to, payment information or account information.
2. By entering a mobile phone number(s), you certify that (a) you are the individual identified on the Request, and you are the current subscriber or owner of any telephone number that you provide to Clutch. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your account is false or inaccurate, we may suspend or terminate your account at any time. The Account Texts we send may be seen by anyone with access to your phone, or by the customary subscriber or user of the phone number(s) you provide. You should safeguard the confidentiality of your phone.
3. How to Opt-Out
a. Text/SMS Messages: You may withdraw your consent to receive Account Texts by replying “STOP” at any time to any Account Text received from us. You may also withdraw your consent to receive Account Texts by emailing us at legal@withclutch.com. We will not impose any fee to process the withdrawal of your consent to receive Account Texts. Any withdrawal of your consent to receive Account Texts will be effective only after we have a reasonable period of time to process your withdrawal.
b. Emails: You may withdraw your consent to receive account emails by emailing us at legal@withclutch.com.
4. How to Update Your Records: It is your responsibility to provide us with a true, accurate, and complete mobile number(s) and/or email address and to maintain and update promptly any changes in this information. Please notify us immediately if you change mobile number(s) and/or email address or plan to provide your phone to another person. You can update your mobile number(s) by emailing us at legal@withclutch.com.
5. Hardware and Software Requirements: In order to access, view, and retain Account Texts that we make available to you, you must have:
a. an SMS-capable mobile phone;
b. an active mobile phone account with a communication service provider; and
c. sufficient storage capacity on your mobile phone.
6. Charges: There is no service fee for receiving Account Texts from us, but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your wireless service provider. Your wireless service provider's message and data rates may apply to our confirmation text and all subsequent texts. Please consult your wireless service provider's pricing plan to determine the charges for sending and receiving texts. These charges will appear on your phone bill from your wireless service provider. Message frequency depends on account status and settings.
7. Other Important Terms: Additionally, you agree that we may send any Account Texts through your wireless service provider in order to deliver them to you and that your wireless services provider is acting as your agent in this capacity. Additionally, you agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, liability, cost, and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number(s) that is not your own or your violation of any applicable federal, state, or local law, regulation, or ordinance. Your obligations under this paragraph shall survive termination of this Policy.
8. Account texts are provided for your convenience only: Receipt of each Account Text may be delayed or impacted by factor(s) pertaining to your wireless service provider(s). We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the Account Texts sent by us.
9. Changes in Terms and Conditions: We may modify or terminate Account Text services from time to time, with or without notice, without liability to you, any other user or a third party. We reserve the right to modify this Policy from time to time. Please review this Policy on our website from time to time so that you are timely notified of any changes.
10. Indemnification: You agree to indemnify Clutch for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold Clutch harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys' fees).