SMS Terms
These Customer Care SMS Terms (“SMS Terms”) apply to the one-time customer support text messages that Kodiak Cakes, LLC (“Kodiak Cakes,” “we,” “us,” or “our”) sends when you request a text through our customer support phone line (the “Customer Care SMS Program”). These SMS Terms are separate from, and do not apply to, any Kodiak Cakes marketing or subscription text message program (including our Recharge SMS program), which is governed by its own terms.
Program Description
When you call our customer support line, you may choose an option on our phone menu to receive a text message with a link to a Kodiak Cakes support resource (for example, our order or subscription support form, product concern form, or other customer service page). If you select that option, we will send one text message to the mobile number you are calling from containing a link to the support resource you requested.
Messages sent through the Customer Care SMS Program are informational customer service messages only. We will not use this program to send you marketing, promotional, or recurring messages.
Consent
By pressing the designated key on our phone menu, you consent to receive one text message from Kodiak Cakes at the mobile number you are calling from for that request. Your consent covers only the message you requested. Consent is not a condition of any purchase, and you may instead contact us by email at flapjacks@kodiakcakes.com or by speaking with a member of our team.
You represent that you are the subscriber or authorized user of the mobile number you are calling from, and we are entitled to rely on that representation. If you are calling from a landline, a blocked number, or a phone that is not yours, please do not select the text option and contact us by email instead. By selecting the text option, you confirm that the mobile number from which you are calling is your own.
Message Frequency
You will receive one text message per request. If you reply STOP, you may receive one additional message confirming your opt-out. We will not send marketing, promotional, or recurring messages through this program.
Message and Data Rates
Message and data rates may apply. Please contact your wireless carrier for details about your text messaging plan.
Opting Out
You may opt out at any time by replying STOP to our message. Replies of STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE will be treated as an opt-out. You may also opt out by emailing flapjacks@kodiakcakes.com. After you opt out, we may send one message confirming your request, and we will honor your request promptly and in any event within the time required by applicable law.
Opting out of the Customer Care SMS Program will not opt you out of any other Kodiak Cakes text message program. To manage your preferences for other programs, please follow the opt-out instructions provided in those programs.
Help
For help, email flapjacks@kodiakcakes.com. HELP replies will receive an automatic response with program information, contact details, and opt-out instructions. Replies to our text messages are not otherwise monitored by our staff. For any other questions, please email flapjacks@kodiakcakes.com.
Supported Carriers and Delivery
The Customer Care SMS Program is available on major U.S. wireless carriers. Neither Kodiak Cakes nor any wireless carrier is liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your wireless carrier and is not guaranteed. Kodiak Cakes is not responsible for any damages arising from delayed, failed, or misdirected messages. If you do not receive the text, please email us at flapjacks@kodiakcakes.com.
Privacy
Our Privacy Policy, available at privacy.kodiakcakes.com/privacy-policy, describes how we collect, use, and disclose information in connection with the Customer Care SMS Program, including your mobile number and records of your consent. We use this information only to send the message you requested, respond to your support request, honor opt-out requests, maintain records of your consent, prevent fraud or abuse, exercise or defend legal claims, and comply with our other legal obligations.
We do not sell, rent, or share mobile phone numbers, text messaging opt-in data, or consent information with third parties or affiliates for their marketing or promotional purposes. We share this information only with vendors and service providers that help us send and support text messages, with professional advisors, in connection with a corporate transaction (such as a merger or sale of assets), and as needed to comply with law or protect our rights.
Changes to These SMS Terms
We may update these SMS Terms from time to time. If we do, we will revise the “Last Updated” date above. Your use of the Customer Care SMS Program after any update constitutes your acceptance of the revised terms. The version in effect when you request a text message will apply to that message.
Relationship to Other Terms
These SMS Terms supplement our Terms of Service, available at kodiakcakes.com/sms-terms. If these SMS Terms conflict with our Terms of Service with respect to the Customer Care SMS Program, these SMS Terms control. Any terms in our Terms of Service that relate to marketing or Recharge text messages do not apply to the Customer Care SMS Program.
Contact Us
If you have questions about these SMS Terms, please contact us at flapjacks@kodiakcakes.com or privacy@kodiakcakes.com, or write to us at Kodiak Cakes, LLC, 8163 Gorgoza Pines Road, Park City, UT 84098.