1. About these terms
These Messaging Terms and Conditions (“Messaging Terms”) govern your participation in the text messaging programs operated by BACA Systems, LLC (“BACA Systems,” “we,” “us,” or “our”), including messages delivered by SMS, MMS, and RCS (Rich Communication Services). By providing your mobile number and consenting to receive messages from us, you agree to these Messaging Terms and to our Privacy Policy. If you do not agree, do not opt in, and reply STOP to any message you receive from us.
These Messaging Terms are in addition to any other agreement between you and BACA Systems, including any purchase order, quotation, service agreement, or website terms of use. If there is a conflict between these Messaging Terms and another agreement with respect to text messaging, these Messaging Terms control as to text messaging only.
2. Program name and description
Program name: BACA Systems Alerts
BACA Systems Alerts is a mixed transactional and promotional business messaging program delivered by SMS, MMS, and RCS. Depending on your relationship with us and the consent you have provided, messages may include:
- Event invitations, registration confirmations, schedules, reminders, and logistics for BACA Systems events, including BACA Bash
- Machine service updates, technician dispatch and appointment reminders, and service case status
- Parts and order status, shipment and delivery notifications, and return or RMA updates
- Quote and proposal follow-up and requests for information needed to complete your order
- Training, installation, and commissioning scheduling
- Occasional product announcements, promotions, and company news
We do not use this program for lead generation on behalf of third parties, and we do not send content in any category prohibited by wireless carriers.
3. Consent
We send messages only to individuals who have provided express written consent to receive them. Consent may be collected when you check an opt-in box on a BACA Systems web form, event registration form, or landing page; provide your mobile number and agree to messaging terms in person, at a trade show, or during a service or sales visit; reply with a published opt-in keyword to a message from us; or otherwise affirmatively request text communications from us.
Consent to receive marketing text messages is not a condition of purchasing any BACA Systems product or service.
We retain a record of your consent, including the date, time, channel, source, and the disclosure language presented to you at the time of opt-in.
4. Message frequency and volume
Message frequency varies. Subscribers can expect to receive up to 6 messages per month, plus transactional messages related to a specific order, appointment, service case, quote, or event registration.
5. Cost
Message and data rates may apply. BACA Systems does not charge for participation in this program, but your wireless carrier may charge you for messages sent to or received from us, including messages you send with the STOP or HELP keywords. Contact your carrier for details about your messaging and data plan. BACA Systems is not responsible for charges assessed by your wireless carrier.
6. How to get help
For help at any time, reply HELP to any message from us. You will receive a reply identifying our program and providing contact information. You may also reach us at [email protected] or +1 (248) 791-3060.
7. How to cancel
You may cancel at any time by replying STOP to any message from us. After you send STOP, we will send a single confirmation message, and you will receive no further messages from that program. We also honor the keywords END, CANCEL, UNSUBSCRIBE, and QUIT.
To rejoin, opt in again through any BACA Systems form, or reply with the published opt-in keyword.
Opting out of text messaging does not opt you out of email, phone calls, or postal mail. To change those preferences, contact us using the information in Section 20. Opting out of marketing messages does not affect our ability to contact you about an active order, service case, or safety notice through other channels, or to send transactional messages you have separately requested where permitted by law.
8. Carrier liability
Carriers are not liable for any delayed or undelivered messages.
9. Supported carriers, devices, and RCS delivery
Supported carriers include AT&T, Verizon, T-Mobile, US Cellular, Spectrum, Google Fi, C-Spire, Dish Network, and Tracfone. Carrier support may change at any time without notice, and we do not guarantee support for any specific carrier, device, operating system, or messaging application.
RCS messages are delivered through your wireless carrier and the messaging application on your device, such as Google Messages, and are subject to the terms and privacy practices of those providers in addition to ours. RCS availability depends on your device, carrier, network connection, and application settings, none of which are under our control. If RCS is unavailable, a message may be delivered as SMS or MMS instead, in which case rich features such as images, buttons, and suggested replies may not appear or may appear as plain text or links.
Because RCS is a richer channel than SMS, your interactions with an RCS message may generate delivery receipts, read receipts, typing indicators, and records of taps on buttons, links, and suggested replies. These signals are described in our Privacy Policy.
10. Eligibility
This program is intended for business contacts located in the United States who are 18 years of age or older. We do not knowingly collect mobile numbers from minors. If you believe a minor has provided a mobile number to us, contact us at [email protected] and we will remove it.
11. Your responsibilities
By opting in, you represent and warrant that:
- You are the subscriber to, or the customary user with authority over, the mobile number you provide, and you are authorized to consent to receive messages at that number.
- The mobile number you provide is accurate and is not a number belonging to another person, a shared or general company line, or a number you are not authorized to enroll.
- You will notify us promptly if you relinquish, transfer, port, or change the mobile number you provided, or if you no longer have authority to receive messages at it. You may notify us by replying STOP or by contacting us using the information in Section 20.
You agree that BACA Systems is not liable for messages delivered to a number you provided after it has been reassigned or transferred, where you did not notify us of the change. You agree to indemnify BACA Systems for any claim arising from your provision of a mobile number you were not authorized to enroll, as set forth in Section 18.
12. Automated messages, conversational messaging, and AI
Messages in this program may be sent using an automated system, and some messages are triggered automatically by events such as an order status change or an event registration. Where you reply to a message, your reply may be handled by an automated agent, an artificial intelligence assistant, or a BACA Systems employee. Automated agents are identified as such where required. If you need a person, reply HELP or contact us using the information in Section 20.
We may monitor, record, store, and review message content and metadata for quality assurance, training, recordkeeping, service delivery, and compliance purposes, including to demonstrate consent and opt-out handling.
Do not send BACA Systems sensitive personal information, payment card data, account credentials, health information, or government identification numbers by text message. This channel is not designed or secured for that information, and we are not responsible for information you choose to send us through it.
13. Not for emergencies
Text messaging is not a reliable means of urgent or emergency communication. Do not use this program to report an injury, an equipment safety issue, a spill, a fire, a security incident, or any other emergency or time-critical condition. For emergencies, call 911. For urgent machine or safety matters, call BACA Systems Technical Support at +1 (248) 791-3050. We do not monitor inbound messages continuously and do not commit to any response time by text.
14. Privacy
Your mobile number and messaging consent are handled as described in our Privacy Policy. We do not sell, rent, trade, or share your mobile phone number or your text messaging consent with any third party for that party’s own marketing or promotional purposes. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
We do share mobile numbers with service providers that transmit and manage messages on our behalf, including our messaging platform and telecommunications aggregators, solely to deliver the messages you have asked to receive and only under contractual confidentiality obligations.
15. Changes to the program and to these terms
We may change, suspend, or discontinue this program or any part of it, and may add, change, or remove message types, keywords, sending numbers, and features, at any time and without notice. We may also modify these Messaging Terms at any time. Changes take effect when posted to this page, and the effective date above will be updated. Your continued participation after a change constitutes acceptance of the revised Messaging Terms. If you do not agree to a change, reply STOP.
We may suspend or terminate your participation at any time, with or without notice, including where we believe a number was enrolled without authority, where messages to your number are undeliverable, where your use of the channel is abusive, unlawful, or harassing, or where required by a carrier, aggregator, platform provider, or applicable law.
16. Disclaimer of warranties
The messaging program is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, BACA Systems disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranty that messages will be timely, secure, accurate, uninterrupted, error free, or delivered at all.
BACA Systems does not control wireless carriers, messaging platforms, aggregators, device manufacturers, or operating system providers, and makes no representation that any message will be transmitted, received, displayed, or rendered as intended. Information contained in a message is provided for convenience only. In the event of a conflict between a text message and a written quotation, order acknowledgment, invoice, service report, or other formal document issued by BACA Systems, the formal document controls.
17. Limitation of liability
To the fullest extent permitted by applicable law, BACA Systems and its officers, directors, employees, agents, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or relating to the messaging program, whether based in contract, tort, negligence, strict liability, statute, or otherwise, even if advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the total aggregate liability of BACA Systems arising out of or relating to the messaging program will not exceed one hundred United States dollars (USD 100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the exclusions and limitations above apply only to the extent permitted by law.
18. Indemnification
You agree to indemnify, defend, and hold harmless BACA Systems and its officers, directors, employees, agents, and affiliates from and against any claims, demands, actions, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: your enrollment of a mobile number you were not authorized to enroll; your failure to notify us that a number you provided was relinquished, transferred, ported, or reassigned; your breach of these Messaging Terms; or your misuse of the messaging channel.
19. Governing law and disputes
These Messaging Terms are governed by the laws of the State of Michigan, without regard to its conflict of laws principles. Subject to any agreement to arbitrate between you and BACA Systems, the state and federal courts located in Oakland County, Michigan will have exclusive jurisdiction over any dispute arising out of or relating to the messaging program, and you consent to personal jurisdiction and venue in those courts.
If any provision of these Messaging Terms is held unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Messaging Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
20. Contact us
BACA Systems, LLC
101 Premier Drive
Orion Township, MI 48359
[email protected]
Main: +1 (248) 791-3060
Technical Support: +1 (248) 791-3050
