STAR KAGUNE Mobile Messaging Terms and Conditions

Effective Date: [11/02/2024]

STAR KAGUNE (“STAR KAGUNE,” “We,” “Us,” “Our”) offers a mobile messaging program (the “Program”). By opting into or participating in the Program, you agree to these Mobile Messaging Terms and Conditions and our Messaging Privacy Policy.


1. User Opt-In

Consent to Receive Messages
By providing your mobile telephone number, you consent to receive recurring automated promotional and personalized marketing text messages (including SMS and MMS) from STAR KAGUNE. You confirm that you are the authorized user of the phone number provided. Consent to receive these messages is not a condition of any purchase. Message and data rates may apply, and message frequency may vary.

Electronic Communication
You authorize STAR KAGUNE to provide certain information electronically, as required by applicable law. You may withdraw this consent or request a free paper copy of information by contacting us at ceo@starkagune.com.


2. User Opt-Out

To discontinue participation in the Program, reply “STOP,” “END,” “CANCEL,” “REVOKE,” “OPT OUT,” “UNSUBSCRIBE,” or “QUIT” to any message received from us. You may receive a confirmation message upon opting out. Other methods, including verbal requests, may not be accepted.


3. Additional Terms

Participation in the Program is also governed by our Messaging Privacy Policy, STAR KAGUNE Terms of Service, and STAR KAGUNE Privacy Policy.


4. Program Description

Participants may receive messages related to marketing, promotions, payment confirmations, customer support, delivery updates, and other transactional messages.


5. AI-Generated Message Content

From time to time, we may use third-party generative artificial intelligence (AI) services to develop or suggest content for messages sent to you. By participating in the Program, you agree to this use of AI.


6. Message Frequency, Cost, and Changes

Message frequency and content may change at our discretion. You agree that message and data rates may apply, and delivery of messages is subject to your wireless service provider’s capabilities.


7. Support Instructions

For support, text “HELP” to the number from which you received messages or email ceo@starkagune.com. Note that opting out must be done through the specified methods.


8. MMS Disclosure

If your device does not support MMS, the Program will send SMS instead.


9. Disclaimer of Warranty

The Program is provided on an “as-is” basis. STAR KAGUNE is not liable for any delays or failures in message delivery, which may result from factors outside our control.


10. Supported Devices

Not all devices may be supported. STAR KAGUNE and its service providers are not liable for undelivered messages.


11. Contact Information

STAR KAGUNE is located at 4002 Lockwood Drive, Shell, Houston, TX 77026, USA.


12. Age Restriction

You must be at least thirteen (13) years old to engage with the Program. If you are between thirteen (13) and eighteen (18) years of age, you must have parental or guardian consent.


13. Prohibited Content

You acknowledge and agree not to send any prohibited content over the Platform. Prohibited content includes, but is not limited to:

  • Fraudulent Activity: Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity.

  • Objectionable Content: Content that is objectionable, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Harmful Code: Any pirated computer programs, viruses, worms, Trojan horses, or other harmful code.

  • Unlawful Products or Services: Any product, service, or promotion that is unlawful in the jurisdiction where such product, service, or promotion is received.

  • Protected Health Information: Any content that implicates or references personal health information protected under HIPAA or the HITECH Act.

  • Other Prohibited Content: Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.


14. State Telemarketing Law – Residence

To the extent relevant, STAR KAGUNE endeavors to comply with applicable state telemarketing laws, including but not limited to:

  • Florida Telemarketing Act

  • Oklahoma Telephone Solicitation Act of 2022

  • Maryland Stop the Spam Calls Act of 2023

  • New Jersey Senate Bill 921 (2023)

  • Virginia Telephone Privacy Protection Act

For compliance purposes, you agree that we may assume your state of residence based on the area code of the phone number used to opt into the Program.

If you reside in a state with applicable telemarketing law, you agree that any mobile messages sent in direct response to your messages or requests will not be considered “commercial telephone solicitation calls.”


15. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver)

Our Customer Service Specialists are available to assist you—please email us at ceo@starkagune.com.

Binding Individual Arbitration

In the event of a dispute between you and STAR KAGUNE, or between you and Stodge Inc. d/b/a Postscript (our third-party service provider), any claims or controversies arising from this Agreement will be resolved through arbitration before one arbitrator.

Mandatory Informal Dispute Resolution Process

Before initiating arbitration, the initiating party must send written notice to the other party describing the dispute in detail. Both parties will attempt to resolve the matter in good faith within 60 days. If not resolved, either party may proceed to arbitration.

Arbitration will be handled via New Era ADR’s Virtual Expedited Arbitration Rules. You will only pay the consumer filing fee; other costs are covered unless your claim is deemed frivolous.

No Class Actions or Juries

You and STAR KAGUNE waive the right to a jury trial and to participate in any form of class action.

Survivability

This arbitration provision remains in effect even after termination of the Program.

Future Changes

If STAR KAGUNE updates this section, you may reject the change by written notice within 30 days.


16. Miscellaneous

You confirm that you have the authority to agree to these terms. Failure to enforce any provision does not waive future enforcement. We may update these terms at any time. Continued participation constitutes your acceptance of the revised terms.


Appendix A

STAR KAGUNE Do Not Call Policy: Text Messaging

Regulatory Summary

The TCPA regulates telemarketing practices. STAR KAGUNE adheres to these laws and maintains an Internal Do Not Call List to prevent sending marketing messages to numbers that opt out.

To Opt-Out:

  • Via Text: Reply with “STOP,” “END,” “CANCEL,” “REVOKE,” “OPT OUT,” “UNSUBSCRIBE,” or “QUIT” to any message.

  • Via Email: Contact ceo@starkagune.com with your name and number.

Your number will stay on our Do Not Call list indefinitely unless you provide new written consent.