SMS and Text Messaging

SMS AND TEXT MESSAGING AGREEMENT
FOR REGISTERED PROPERTY OWNERS AND REGISTERED LICENSEES
Effective: September 2026

This SMS and Text Messaging Agreement ("SMS Agreement") is entered into between FLEXYARD IOS, LLC, a Florida limited liability company ("Platform"), and each person or entity that registers as a property owner, host, Licensee, user, customer, or other participant on the Platform (collectively, "User").

By registering for an account, checking an applicable consent box, providing a mobile telephone number, or otherwise affirmatively consenting to receive text messages from Platform, User agrees to this SMS Agreement.

1. PURPOSE OF TEXT MESSAGING

Platform operates an online marketplace through which registered property owners may list open yards and other outdoor spaces for temporary license and through which registered third parties may search for, request, approve, reserve, and use those spaces.

Platform may use SMS and text messaging to facilitate communications relating to: registration and account verification; property listings; booking requests; booking approvals or declines; reservation confirmations; changes to reservations; cancellations; reminders concerning upcoming bookings; access instructions; communications between Hosts and Licensees; payment and payout notifications; security or account alerts; customer-service communications; requests for information necessary to complete a transaction; notices concerning Platform policies or account activity; and promotional and marketing communications, where User has separately consented to receive such messages.

2. REGISTERED PROPERTY OWNERS ("HOSTS")

A registered property owner ("Host") may use the Platform to list an open yard or other property for temporary license. Host may receive text messages relating to listing approval; listing inquiries; prospective Licensee questions; booking requests; requests requiring Host approval; booking confirmations; cancellations; changes to booking dates or times; Licensee communications; property-related alerts; payment and payout information; reviews or other listing-related matters; account security; and Platform support.

Host acknowledges that timely text notifications may be important to Host's ability to respond to booking requests and manage the Host's listing.

3. REGISTERED LICENSEES

A registered Licensee ("Licensee") may use the Platform to search for and request temporary use of open yards listed by Hosts. Licensee may receive text messages relating to account registration; verification; booking requests; Host approval or rejection; booking confirmations; cancellation notices; changes to reservations; upcoming booking reminders; access information; communications concerning the Property; payment-related notifications; customer service; account security; and other transactional communications.

4. CONSENT TO TRANSACTIONAL TEXT MESSAGES

By affirmatively consenting to transactional text messaging, User authorizes Platform to send text messages to the mobile telephone number provided by User concerning User's account, listings, reservations, transactions, and interactions through Platform.

This consent is not a condition of purchasing or licensing any Property from Platform or any Host.

Transactional and service-related messages may continue to be sent as reasonably necessary to administer User's account and transactions, even if User has opted out of promotional messages, except where prohibited by applicable law.

5. MARKETING AND PROMOTIONAL MESSAGES

Platform may separately request User's consent to receive promotional or marketing text messages. Such messages may include new Property listings; special offers; discounts; promotional opportunities; Platform announcements; new features; recommendations; promotional campaigns; and other marketing communications.

Where required by applicable law, Platform will obtain appropriate affirmative consent before sending marketing or promotional text messages. Consent to receive marketing messages is not a condition of registration, licensing, listing, or purchase.

6. CONSENT IS VOLUNTARY

User understands that consent to receive SMS messages is voluntary. User may use Platform without consenting to promotional text messages, although certain transactional communications may be necessary to facilitate bookings, listings, account security, and other requested services. User may revoke marketing consent at any time using the procedures described below.

7. HOW TO OPT OUT

For marketing or promotional text messages, User may opt out by replying STOP to the applicable Platform text message. After receiving an opt-out request, Platform will take commercially reasonable steps to stop sending promotional SMS messages to that mobile number.

User may also contact Platform at info@flexyardios.com or (917) 940-5995 to request removal from promotional SMS communications.

8. TRANSACTIONAL COMMUNICATIONS AFTER OPT OUT

User understands that opting out of promotional messages does not necessarily stop transactional or legally required communications. For example, Platform may continue to send messages reasonably necessary to confirm or modify an existing reservation; notify User of a cancellation; provide access information; address a security issue; respond to a support request; administer User's account; or complete a transaction initiated by User.

If User does not wish to receive transactional SMS messages, User may contact Platform to determine whether alternative communication methods are available.

9. HELP

For assistance regarding SMS communications, User may reply HELP or contact FlexYard IOS, LLC at info@flexyardios.com or (917) 940-5995. Platform may respond with information concerning the SMS program and methods for obtaining additional assistance.

10. MESSAGE FREQUENCY

Message frequency will vary depending upon User's activity on Platform. Users who actively list Properties, request bookings, communicate with other Users, or maintain reservations may receive more frequent transactional messages. Promotional message frequency may vary based upon Platform's marketing activities and User preferences. Platform does not guarantee a particular number of messages per month.

11. MESSAGE AND DATA RATES

Message and data rates may apply to SMS messages sent to or received by User. User is solely responsible for any fees charged by User's mobile carrier or telecommunications provider. Platform does not control and is not responsible for carrier fees, coverage, service availability, or carrier restrictions.

12. CARRIERS

SMS messages may be delivered through third-party telecommunications providers and mobile carriers. Platform does not guarantee that every message will be delivered, received, or delivered within a particular period. Delivery may be affected by carrier coverage; network availability; mobile-device settings; geographic location; carrier filtering; technical failures; outages; or other circumstances outside Platform's reasonable control.

13. MOBILE NUMBER ACCURACY

User represents that any mobile telephone number provided to Platform belongs to User or that User is otherwise authorized to provide and use that number for the purposes described in this Agreement. User shall promptly update the mobile telephone number associated with User's account if the number changes. User shall not provide another person's telephone number without that person's authorization.

14. REASSIGNED NUMBERS

User acknowledges that mobile telephone numbers may be reassigned by telecommunications carriers. If User's mobile telephone number is reassigned, transferred, disconnected, or otherwise ceases to belong to User, User shall promptly update the number in User's Platform account. Platform shall not knowingly send text messages to a number after receiving reliable notice that the number no longer belongs to the consenting User.

15. USER TO USER COMMUNICATIONS

Platform may facilitate communications between Hosts and Licensees. Where Platform provides messaging functionality, Users may communicate concerning Property availability; booking requests; access; permitted activities; Property conditions; scheduling; cancellations; and other matters relating to a booking. Users shall not use Platform's messaging or SMS functionality for unlawful, abusive, harassing, fraudulent, deceptive, or unauthorized purposes.

16. NO UNAUTHORIZED SOLICITATION

Hosts and Licensees shall not use contact information obtained through Platform to send unauthorized marketing messages; send mass unsolicited text messages; harass or threaten another User; distribute spam; circumvent Platform fees; solicit Users for unrelated commercial purposes; or violate applicable telecommunications, privacy, consumer-protection, or anti-spam laws. Platform may suspend or terminate accounts for violations of this provision.

17. OFF-PLATFORM COMMUNICATIONS AND FEE CIRCUMVENTION

Users acknowledge that Platform may introduce Hosts and Licensees to one another. A Host or Licensee shall not use SMS, text messages, telephone calls, email, or other communications facilitated through Platform for the purpose of intentionally circumventing Platform's booking procedures or fees. Where a separate Host Listing Agreement or Licensee agreement imposes a non-circumvention or direct-booking fee, communications exchanged through Platform may constitute evidence of the relationship between the parties and the applicable booking.

18. PRIVACY

Platform's collection and use of telephone numbers and other personal information shall be governed by Platform's Privacy Policy, which is incorporated into this SMS Agreement by reference and available at flexyardios.com/privacy. Platform shall use mobile telephone numbers and SMS information in accordance with applicable law and Platform's privacy practices.

19. SMS DATA AND CONSENT RECORDS

Platform may maintain records concerning SMS consent, opt-outs, message delivery, and related communications for legitimate business, legal, compliance, security, and dispute-resolution purposes, and may retain such records for as long as reasonably necessary to satisfy applicable legal, regulatory, accounting, insurance, or business requirements.

Such records may demonstrate the date and time consent was provided; the telephone number associated with consent; the manner in which consent was obtained; applicable SMS disclosures; opt-out requests; re-subscription requests; and other information reasonably necessary to document compliance.

20. REVOCATION OF CONSENT AND RE-SUBSCRIPTION

User may revoke consent to promotional SMS messages at any time by replying STOP or using another opt-out method provided by Platform. Revocation shall apply prospectively and shall not invalidate messages lawfully sent before the revocation was processed.

After opting out of promotional SMS messages, User may re-subscribe by following Platform's then-current enrollment procedure. Platform may require User to provide affirmative consent again before promotional messages resume.

21. EMERGENCY AND SECURITY COMMUNICATIONS

Platform may send communications concerning account security, fraud prevention, suspicious activity, safety matters, or other urgent matters when reasonably necessary. Such communications may not be classified as promotional communications.

22. PLATFORM'S RIGHT TO MODIFY SMS PROGRAM

Platform may modify, suspend, or discontinue its SMS program or any particular messaging functionality at any time, and may change the telephone number, messaging provider, technology, or operational procedures used to send messages. Where legally required, Platform will provide appropriate notice concerning material changes to SMS terms.

23. NO GUARANTEE OF DELIVERY

User acknowledges that text-message communications depend upon third-party telecommunications networks. Platform does not guarantee that every text message will be delivered; that every text message will be delivered immediately; that messages will be free of errors; or that SMS service will be continuously available. Platform shall not be responsible for failures attributable to mobile carriers, telecommunications providers, device limitations, network interruptions, or circumstances outside Platform's reasonable control.

24. USER RESPONSIBILITY FOR DEVICE

User is responsible for ensuring that User's mobile device and telecommunications service can receive SMS messages. Platform is not responsible for damage to a User's device resulting from receiving ordinary text messages from Platform.

25. PROHIBITED SMS CONTENT

Platform shall not knowingly use its SMS program to send content that violates applicable law. Users shall not use Platform's SMS or messaging services to transmit unlawful threats; fraudulent solicitations; malware or malicious content; obscene or unlawful content; unauthorized advertising; spam; impersonation; deceptive communications; or content that infringes another person's rights.

26. THIRD-PARTY SERVICE PROVIDERS

Platform may use third-party SMS, telecommunications, payment, authentication, customer-service, or technology providers to deliver or facilitate text messages. Such providers may process telephone numbers and message-related information as reasonably necessary to provide their services. Platform shall require such providers to handle information in accordance with applicable contractual, legal, and privacy requirements.

27. NO WARRANTY; LIMITATION OF LIABILITY

SMS services are provided on an "as available" basis. To the fullest extent permitted by law, Platform makes no warranty regarding uninterrupted SMS availability, delivery speed, carrier compatibility, or particular results from use of the SMS program.

To the fullest extent permitted by law, Platform shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from delays, failures, or interruptions in SMS delivery caused by telecommunications carriers, network failures, device limitations, or other circumstances outside Platform's reasonable control. Nothing in this Agreement limits liability that cannot lawfully be limited.

28. COMPLIANCE WITH LAW

The Parties intend that the SMS program be operated in compliance with applicable federal and state laws governing telephone communications, consumer protection, privacy, automated communications, and text messaging. Nothing in this Agreement is intended to require User to consent to communications where such consent is prohibited by applicable law.

29. USER ACKNOWLEDGMENT

By affirmatively enrolling in Platform's SMS program, User acknowledges that User has provided a mobile telephone number; User understands that Platform may send text messages to that number; transactional messages may relate to User's listings, bookings, reservations, account, payments, and Platform activity; promotional messages require the appropriate consent; message and data rates may apply; message frequency may vary; promotional messages may be stopped by replying STOP; assistance may be requested by replying HELP; User is responsible for maintaining an accurate mobile telephone number; and User may withdraw promotional SMS consent at any time.

30. SEPARATE CONSENT

Where required by applicable law, Platform shall obtain SMS consent through a separate affirmative mechanism that is not bundled with acceptance of unrelated contractual terms. An unchecked SMS consent box shall not be treated as consent merely because User registers for a Platform account.

31. ELECTRONIC RECORDS AND SIGNATURES

User agrees that electronic records concerning SMS consent, registration, booking activity, and communications may be maintained by Platform. To the extent permitted by applicable law, electronic acknowledgments and consents shall have the same effect as written acknowledgments and consents.

32. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

This SMS Agreement shall be governed by the laws of the State of New York, without regard to conflict-of-law principles, except to the extent federal law governs the subject matter. If any provision is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

This SMS Agreement, together with Platform's Terms of Use, Privacy Policy, Host Listing Agreement, Licensee Terms, and other applicable Platform policies, constitutes the agreement concerning SMS and text messaging. If there is a conflict between this SMS Agreement and a specific SMS consent disclosure presented to User at the time of enrollment, the specific consent disclosure shall control with respect to the scope of SMS consent.

33. ACKNOWLEDGMENT AND CONSENT

By checking the applicable SMS consent box and providing my mobile telephone number, I affirmatively consent to receive text messages from FLEXYARD IOS concerning my account, Property listings, booking requests, communications with the other party to a booking, reservations, Property access, payments, security alerts, and other Platform transactions. I understand that message and data rates may apply. For promotional SMS messages, I understand that I may opt out by replying STOP.

— SMS and Text Messaging Agreement v1.0-2026-09-16 · FlexYard IOS, LLC —