Tobioskits Messaging Terms & Conditions

Last Updated: October 1, 2026

Tobios Commerce LLC, a Florida limited liability company ("Tobioskits," "we," "us," or "our") runs a mobile messaging program (the "Program"). When you join or take part in the Program, you agree to these Messaging Terms & Conditions and our Messaging Privacy Policy (together, the "Agreement").

This Agreement includes a binding, individual-only arbitration clause in Section 17 (Dispute Resolution). Arbitration involves less discovery and more limited appeal rights than court. Please read it carefully.

By joining the Program, you confirm that you want to receive discounts, promotions, news, and other information from Tobioskits, and that you are not joining in order to start a legal claim. Section 16 explains what good-faith participation means and what happens when a claim is fraudulent, frivolous, or brought in bad faith.

This Agreement covers the Program only. It does not change any other terms or privacy policy that govern your relationship with us elsewhere (see Section 3). It applies no matter how you opted in.

1. Opting In

Consent to recurring automated messages. By signing up, you agree to receive recurring automated marketing and personalized text messages (SMS, MMS, and RCS), including cart reminders, from Tobioskits at the mobile number you provided. These messages may be sent with an automatic telephone dialing system and may use artificial or prerecorded voices. You confirm that the number is your own and that you are authorized to use it. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. Nothing here means that every message we send uses an autodialer.

Timing of messages. We try to avoid sending messages at inconvenient hours, but we cannot see your real-time location, and network delays can change when a message arrives. You agree that your consent covers delivery at any hour of the day, to the extent permitted by applicable law.

Electronic delivery of disclosures (E-Sign). Where the law requires us to give you written information about your consent, you agree we may deliver it electronically. You may withdraw this consent, update your information, or request a free paper copy by emailing info@tobioskits.com. To view and keep this page you need a device with a web browser and internet access, plus storage space or a printer.

Device verification and fraud prevention. You authorize your wireless carrier, Tobioskits, and our service providers, to use or share information about your account and device to help identify you and detect fraud when you sign up. You also agree to receive one-time passcodes or confirmation messages to verify that you want to subscribe. See our Messaging Privacy Policy for how we handle your data.

2. Opting Out

You can leave the Program at any time. The fastest way is to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any message from us. You may get one last message confirming your request.

We will also honor any other reasonable request to stop, such as emailing info@tobioskits.com with your name and phone number, and we will process it within the time the law allows. Our automated system recognizes the keywords above most reliably, so using one of them is the quickest route. Our Do Not Call Policy is in Appendix A.

3. Other Terms and Policies

You also agree to our Messaging Privacy Policy, available on our website at tobioskits.com. Purchases and use of our website are governed by our Terms and Conditions at https://tobioskits.com/pages/terms-and-conditions.

4. Program Description

If you join the Program, you can expect messages about marketing, promotions, payments, customer support, deliveries (such as order confirmations, tracking, and shipping updates), other transactional topics, and sales of our products and services. Messages may include checkout and cart reminders.

5. AI-Generated Message Content

From time to time we may use third-party generative AI services to write or suggest the content of messages we send you, which may include AI-generated voices. Some messages may be tailored to your interests using information we have about you. By staying in the Program, you agree to this use of AI and acknowledge that these AI providers are not the senders or initiators of our messages and are not responsible for their content.

6. Message Frequency, Cost, and Changes

Message and data rates may apply. Messages are sent periodically at our discretion, and frequency may vary daily, weekly, or monthly. We may increase or decrease how often we message you at any time, and we may change the short code or phone number we send from.

7. Support

For help with the Program, text HELP to the number you received messages from, or email info@tobioskits.com. Email is for support only; to stop messages, follow Section 2.

8. RCS and MMS

We may send RCS, MMS, or SMS messages depending on what your device supports. If your device does not support RCS, we will send MMS or SMS. If it does not support MMS, we will send SMS.

9. Disclaimer of Warranty

The Program is offered "as is." It may not be available in every area at all times, and it may stop working if your carrier changes its products, software, or coverage. We are not liable for delayed or failed delivery of messages. Delivery depends on your wireless carrier, which is outside our control, and carriers are not liable for delayed or undelivered messages.

10. Supported Devices

Not every device or handset is supported, and messages may not be deliverable in every area. Tobioskits, its service providers, and participating carriers are not liable for delayed or undelivered messages.

11. Contact

The Program is a service of Tobios Commerce LLC, 3833 Powerline Road, Ste 201, Fort Lauderdale, FL 33309, US.

12. Age Restriction

You must be at least eighteen (18) to take part in the Program, and you must be permitted to do so under the laws where you live. If we have reason to believe you are under 18, we may remove you from the Program.

13. Prohibited Content

You agree not to send any of the following through the Program:

  • Fraudulent, libelous, defamatory, threatening, harassing, or stalking content
  • Objectionable content, including obscenity, profanity, violence, hatred, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Viruses, worms, Trojan horses, pirated software, or other harmful code
  • Any product, service, or promotion that is unlawful where it is received
  • Protected health information covered by HIPAA or the HITECH Act
  • Anything else prohibited by applicable law where the message is sent

14. State Telemarketing Laws and Residency

We aim to comply with applicable state telemarketing laws, including those in Florida, Oklahoma, Maryland, New Jersey, and Virginia. For compliance purposes, we may treat you as a resident of the state tied to the area code of the number you used to opt in. If you live in a different state, you agree to tell us in writing. Messages we send in direct response to your own messages or requests (such as keyword replies, opt-in confirmations, HELP or STOP responses, and shipping notifications) are not telemarketing or solicitation calls under federal or state law, to the extent those laws apply.

15. Subscribers in Texas

If Texas law applies, then for Texas Business & Commerce Code Sections 302.058 and 302.059, "customer" has its broadest ordinary meaning and does not require a purchase, and "establishment" has its broadest ordinary meaning and includes businesses that sell through an online store rather than a physical location.

16. Good-Faith Participation; Remedies for Fraudulent or Bad-Faith Claims

a. Your representations. When you opt in, and for as long as you stay enrolled, you confirm that:

  • you are the subscriber or a regular, authorized user of each number you enroll;
  • the information you give us, including your identity and your consent, is true and not misleading;
  • you are enrolling because you want to receive our messages, and not, in whole or in part, to create or start a claim, demand, or lawsuit; and
  • you will use the opt-out, HELP, and consent-revocation options in good faith, as described in these Terms, and promptly once you no longer want messages.

b. Prohibited conduct. You will not, and will not help anyone else to:

  • enroll a number under false pretenses or misstate your identity, your authority over a number, your consent, or whether or when you revoked consent;
  • use any device, software, number-spoofing, mail-drop, automated routine, or other trick to generate, multiply, or fabricate messages, opt-outs, or evidence in order to create or inflate a claim; or
  • take part in a scheme or pattern meant to manufacture a claim, demand, or lawsuit, including under the Telephone Consumer Protection Act (TCPA) or any similar federal, state, or local law.

c. Fees for fraudulent, bad-faith, or frivolous claims. In any Dispute with us (or a service provider acting for us), if an arbitrator or court finds, or clear and convincing evidence otherwise establishes, that (i) your claim rested on a material breach of Section 16(a) or 16(b); (ii) your claim was frivolous, lacked substantial justification, or was brought or kept going in bad faith or for an improper purpose; (iii) you brought a putative class action to gain settlement leverage rather than on an objectively reasonable basis to represent and certify a class; or (iv) your participation in the Program was obtained through fraud or material misrepresentation, then you agree to reimburse us and any affected service provider for reasonable attorneys' fees, expert fees, and costs of defending that claim and of establishing its fraudulent, bad-faith, or frivolous character. This applies whether the claim is brought as a claim, counterclaim, or cross-claim, and it survives voluntary dismissal or withdrawal.

d. Indemnification. You will indemnify, defend, and hold harmless us and our service providers against losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from your breach of Section 16(a) or 16(b). This applies to third-party claims and to claims between you and us or our service providers, and it covers fees and costs incurred in a proceeding between the parties to enforce these Terms or defend a claim covered by Section 16(c).

e. Your rights are preserved. This Section does not waive, limit, or penalize the good-faith use of any right under the TCPA or other law, and it does not excuse us from liability for our own violations of law. The remedies here apply only after the findings described above and only to fraudulent, bad-faith, or frivolous conduct. If the law requires an attorneys'-fee provision to be reciprocal, this Section will be read that way, with the same limits. If any part of this Section is unenforceable, it will be narrowed or severed to the minimum extent needed, and the rest stays in force.

17. Dispute Resolution (Including Arbitration Agreement and Class Action Waiver)

Our customer team is happy to help with concerns first: info@tobioskits.com.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO GO TO COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO JOIN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CASE IN ARBITRATION OR LITIGATION. RIGHTS SUCH AS APPELLATE REVIEW MAY ALSO BE UNAVAILABLE IN ARBITRATION.

Binding individual arbitration. Any dispute, claim, or controversy between you and Tobioskits, or between you and any service provider acting for us in the Program, that arises out of or relates to statutory or common-law claims, this Agreement, or its breach, termination, enforcement, interpretation, or validity, including whether this arbitration clause applies (a "Dispute"), will be resolved by one arbitrator, to the fullest extent the law allows. Either party may still bring an individual claim in small claims court within that court's jurisdiction, and the small claims court decides whether a claim qualifies. A party may also ask a court for provisional relief in aid of arbitration.

"Dispute" has the broadest meaning the law permits. It includes disputes that arose before this Agreement or any earlier terms (including advertising claims), disputes that are currently part of a purported class action in which you are not a certified class member, and disputes arising after your relationship with us ends. It does not include disputes about patents, copyrights, trademarks, trade secrets, or other intellectual property. The arbitrator decides all questions about the scope, validity, and enforceability of this Agreement. This Agreement involves interstate commerce and is governed by the Federal Arbitration Act (FAA).

Your right to opt out of arbitration. You may opt out within thirty (30) days after you first opt in to the Program. To do so, email info@tobioskits.com stating that you wish to opt out of the arbitration agreement, with your name and the mobile number at issue. If you do not opt out in time, you and Tobioskits will resolve Disputes through binding individual arbitration.

Mandatory informal dispute resolution. Before starting arbitration or small claims, the party raising a Dispute must send a written notice that includes: (a) their contact details (name, address, phone, email, and their lawyer's details if represented); (b) enough information to identify the phone numbers, transactions, or accounts involved; and (c) a detailed description of the Dispute, the basis of each claim, and the relief sought with a detailed calculation. The notice must be personally signed by the party (and their lawyer, if any).

Send notices to us by email at info@tobioskits.com or by mail at Tobios Commerce LLC, 3833 Powerline Road, Ste 201, Fort Lauderdale, FL 33309, US. If we have a Dispute with you, we will send notice to your most recent contact details on file, or, if we have no mailing address, you authorize us to text you to request one.

For sixty (60) days after a complete notice is received (extendable by agreement), both sides will negotiate in good faith. The receiving party may request a phone or video settlement conference, which you and a Tobioskits representative (with counsel, if represented) will attend at a mutually convenient time, even if that falls after the 60 days. If the Dispute is not resolved in that period, either side may begin a formal proceeding. Completing this process is a condition to starting arbitration or small claims. Limitation periods are paused from receipt of a complete notice until the process ends. Either party may ask a court to decide whether a notice is sufficient or the process was followed, and the formal proceeding is paused until the court rules. A court may enforce this condition, including by blocking an arbitration filing.

Relief available. There is no judge or jury in arbitration, and court review of an award is limited under the FAA. An arbitrator can award the same individual damages and relief a court could, including injunctive and declaratory relief and statutory damages, and must follow these Terms as a court would. Public injunctive relief is available if the law authorizes it and your individual claim warrants it.

Arbitration rules and mass arbitration. The following rules apply:

  • Arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as changed by these Terms. Rules: www.adr.org. These rules differ from small claims court, so please review them.
  • If you start the arbitration, you pay only the consumer filing fee set by the AAA's Consumer Fee Schedule. We pay all other AAA fees unless the arbitrator finds your claim or requested relief frivolous or brought for an improper purpose. You are responsible for your own lawyer's fees unless the arbitrator finds an award of fees is warranted under applicable law.
  • Where 25 or more similar cases are filed by the same law firm or group of firms, the AAA's Mass Arbitration Supplementary Rules apply. A limited number of "bellwether" cases are decided first to help the parties assess settlement of the rest. Settlement is optional, and each individual may decline to take part. The arbitrator still decides each claim individually on its own facts, and counsel will meet and confer in good faith to streamline procedures and conserve resources. Only the presiding neutral decides whether cases share common issues, and cases that do not are removed and proceed individually.
  • If an arbitrator finds any part of this Agreement conflicts with the AAA's Consumer Due Process Protocol, that protocol is treated as part of this Agreement and the offending part is unenforceable.
  • The arbitrator is chosen through the AAA's standard arbitrator selection process and applies the substantive law of the State of Florida and the Eleventh Federal Circuit, without regard to conflict-of-law rules.
  • By signing a demand for arbitration, a party (and counsel) certifies compliance with this Section and with Federal Rule of Civil Procedure 11(b), including that the claims and relief are not frivolous or for an improper purpose. The arbitrator may impose any sanction available under Rule 11 or other law, and may apply Rule 68 cost-shifting after an award.
  • The arbitrator may award any relief available in court, including attorneys' fees and punitive damages where a statute allows, and will issue a reasoned written decision. In a mass arbitration, one decision may address several cases, but each claim is still decided individually.
  • The decision is final and binding, subject to the appeal rights in Section 10 of the FAA.
  • Except as required by law or to protect or pursue a legal right, neither party nor the arbitrator may disclose the existence, content, or results of an arbitration without both parties' written consent.

No class actions or juries. YOU AND TOBIOSKITS EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION IN COURT, AND THIS AGREEMENT IS GOVERNED BY THE FAA. We will arbitrate on an individual basis only. This Agreement does not allow class arbitration, or claims brought as a plaintiff or class member in any class or representative arbitration, except as stated in this Agreement.

Severability and survival. If any part of this Section is invalid or unenforceable in any place, the rest remains in effect. If a Dispute ends up in court rather than arbitration, both parties waive any right to a jury trial. This Section survives the end of your participation in the Program.

Future changes. If we change this arbitration agreement in the future (other than our mailing or email address), you may reject the change by sending written notice, personally signed by you, to Tobios Commerce LLC, 3833 Powerline Road, Ste 201, Fort Lauderdale, FL 33309, US within thirty (30) days of the change. Include your name, address, phone number, email, and a statement that you wish to opt out of the changes. Rejecting a change is not an opt-out of arbitration altogether; it means any Dispute between us will be arbitrated under the version of this Section in effect before the change.

18. Miscellaneous

You confirm that you have the right and authority to agree to this Agreement and that doing so does not breach any other contract or obligation of yours. If we do not enforce a right, we have not waived it. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest remains in force. New features, changes, or updates to the Program are covered by this Agreement unless we say otherwise in writing.

We may change these terms from time to time and will communicate updates to you. Until then, the version most recently made available to you continues to apply. It is your responsibility to review the Agreement periodically. By continuing in the Program after a change, you accept the updated Agreement.

Appendix A: Do Not Call Policy for Text Messaging

Regulatory summary. The federal Telephone Consumer Protection Act (TCPA), related FCC rules, and court decisions protect consumers from certain kinds of telemarketing. Under the TCPA, telemarketing means initiating a call or message to encourage the purchase or rental of, or investment in, property, goods, or services (47 C.F.R. § 64.1200(f)(13)). The TCPA sets requirements for cold calls, prerecorded sales calls, and autodialers, and it authorized the National Do Not Call Registry and company-level Do Not Call lists. Many states have their own telemarketing laws as well.

Tobioskits is committed to following federal and state Do Not Call laws. This policy covers SMS and MMS messages that are telemarketing. We do not send telemarketing SMS or MMS messages to:

  • any number, using an automatic telephone dialing system, for which we have not received prior express written consent as defined by the FCC; or
  • any number on our Internal Do Not Call List.

We keep an Internal Do Not Call List and will honor a request to be added within a reasonable time, and no later than 10 business days from the request. To be added, you can:

  • reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any message from us; or
  • contact customer service at info@tobioskits.com with your name and phone number.

Your number stays on our Do Not Call List indefinitely unless you later give new prior express written consent to rejoin our SMS list. If you change your phone number, you must ask us to add the new number.