Terms & Conditions

Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between 605 Media LLC (“605 Media,” “we,” “us,” or “our”), a Maryland limited liability company, and the organization or individual (“Client”) accessing or using the PunchAlert shift reminder service (“Service”).

By installing, deploying, or using PunchAlert in any form, the Client agrees to be bound by these Terms. If the Client does not agree to these Terms, they must not use the Service.

Description of Service

PunchAlert is an automated SMS shift reminder system that sends text message notifications to employees before scheduled shift check-in and check-out times. The Service is designed for use by organizations whose employees are required to check in or out of state-mandated workforce management applications.

Deployment Models

Self-Hosted Deployment

In the self-hosted model, 605 Media LLC licenses the PunchAlert software to the Client for deployment on the Client’s own infrastructure. The Client is required to obtain and maintain their own Twilio account and is responsible for:

• Maintaining their own Twilio account, phone number, and A2P 10DLC registration
• All SMS delivery costs charged by Twilio and carriers
• Maintaining the security and integrity of their deployment
• Compliance with all applicable laws governing employee data and SMS communications

Hosted Portal Deployment

In the hosted model, the Client accesses PunchAlert through 605 Media LLC’s online portal. The Client manages their own employees, schedules, and programs through the dashboard. The Client may choose to:

• Connect their own Twilio account and pay Twilio directly for SMS delivery, or
• Use 605 Media LLC’s managed SMS service, with costs bundled into the monthly subscription

Specific terms, service levels, and pricing for hosted deployments are governed by a separate written agreement between 605 Media LLC and the Client.

Client Responsibilities

The Client agrees to:

• Obtain all necessary consents from employees before enrolling them in PunchAlert
• Ensure employees are informed they will receive automated SMS reminders
• Maintain accurate employee information including correct phone numbers and schedules
• Promptly remove employees who opt out or are no longer employed
• Comply with all applicable federal, state, and local laws including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any applicable state SMS laws
• Not use PunchAlert to send unsolicited, deceptive, or unlawful messages
• Keep administrator credentials confidential and notify 605 Media LLC of any suspected unauthorized access

SMS Messaging Terms

By using PunchAlert, the Client acknowledges and agrees that:

• All SMS messages sent through PunchAlert must comply with TCPA and carrier guidelines
• The Client is responsible for ensuring employees have consented to receive automated text messages
• Standard message and data rates from the employee’s mobile carrier may apply
• Message frequency varies based on employee schedules — typically 2 to 4 messages per employee per workday
• Employees may opt out at any time by replying STOP to any message
• Employees may re-enroll by replying START
• For help, employees may reply HELP

605 Media LLC is not responsible for messages that are delayed, filtered, or blocked by mobile carriers, including filtering related to unregistered A2P 10DLC traffic.

License Grant

Subject to these Terms and payment of applicable fees, 605 Media LLC grants the Client a limited, non-exclusive, non-transferable, revocable license to use PunchAlert solely for the Client’s internal business operations. This license does not permit:

• Reselling, sublicensing, or distributing PunchAlert to third parties without written consent from 605 Media LLC
• Modifying, reverse engineering, or creating derivative works of PunchAlert
• Using PunchAlert for any purpose other than employee shift reminders
• Removing or altering any proprietary notices or branding within PunchAlert

Fees and Payment

Fees for PunchAlert are as specified in the applicable order form, invoice, or written agreement between the Client and 605 Media LLC. Unless otherwise agreed:

• Software license and subscription fees are due monthly in advance
• Fees are non-refundable except as required by applicable law
• 605 Media LLC reserves the right to suspend access for non-payment after 10 days written notice
• In the self-hosted model, Twilio and carrier SMS costs are the sole responsibility of the Client
• In the hosted model with managed SMS, SMS costs are bundled per the applicable subscription plan

Intellectual Property

PunchAlert, including all source code, design, documentation, and related materials, is and remains the exclusive intellectual property of 605 Media LLC. These Terms do not transfer any ownership rights to the Client. The Client may not claim ownership of, register, or attempt to patent any element of PunchAlert.

Disclaimers

605 Media LLC does not warrant that:

• The Service will be uninterrupted, error-free, or available at all times
• SMS messages will be delivered to all recipients or delivered on time
• The Service will meet all regulatory or compliance requirements applicable to the Client
• The Service will prevent compliance failures with any state-mandated check-in system

Limitation of Liability

605 Media LLC’s total aggregate liability to the Client for any claims arising under these Terms shall not exceed the total fees paid by the Client to 605 Media LLC in the three months preceding the claim.

Indemnification

The Client agrees to indemnify, defend, and hold harmless 605 Media LLC and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• The Client’s use of PunchAlert
• The Client’s violation of these Terms
• The Client’s violation of any applicable law, including TCPA
• The Client’s failure to obtain required employee consents
• Any claim by an employee related to SMS messages sent through the Client’s deployment

Term and Termination

These Terms remain in effect for the duration of the Client’s use of PunchAlert. Either party may terminate by providing 30 days written notice. 605 Media LLC may terminate immediately upon the Client’s material breach of these Terms. Upon termination:

• The Client’s license to use PunchAlert is immediately revoked
• The Client must cease all use and delete all copies of PunchAlert software
• 605 Media LLC will delete all Client data within 30 days per the Privacy Policy
• Outstanding fees remain due and payable

Governing Law

These Terms are governed by the laws of the State of Maryland, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Frederick County, Maryland. The Client consents to personal jurisdiction in such courts.

Changes to Terms

605 Media LLC reserves the right to modify these Terms at any time. We will provide at least 30 days notice of material changes by email or by posting notice at punchalert.605media.net. Continued use of PunchAlert after the effective date of changes constitutes acceptance of the updated Terms.

Entire Agreement

These Terms, together with the Privacy Policy at punchalert.605media.net/privacy.html and any applicable order form or written agreement, constitute the entire agreement between the parties with respect to PunchAlert and supersede all prior agreements, representations, and understandings.

Contact

For questions about these Terms, please contact: