Text Messaging Terms

Last updated: September 29, 2026

These Text Messaging Terms ("SMS Terms") apply to text messages sent by or on behalf of Eva Pet, Inc. and Eva Pet Canada, Inc. (together, "Eva", "we", "us"). By opting in to one or more of our text message programs ("Programs"), you agree to these SMS Terms, Eva's Terms of Service at evapup.com/terms, and our Privacy Policy at evapup.com/privacy.

PLEASE NOTE: THESE SMS TERMS INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, DESCRIBED IN THE "DISPUTE RESOLUTION" SECTION BELOW.

Consent

By opting in, you consent to receive recurring text messages (SMS and MMS) from Eva and service providers sending on Eva's behalf, at the mobile number you provide, including messages sent using automated technology. Consent to receive marketing text messages is not a condition of any purchase. You may opt out at any time as described below.

Programs

Depending on what you sign up for, Eva may send:

• Marketing and promotions. Recurring messages about sales, new products, Pack Privé rewards and member offers, and reminders about items left in your cart.
• Orders and delivery. Messages about your orders from the Eva store, including confirmation, shipping, and delivery.
• Appointments. Confirmations and reminders for grooming, training, and other services you book with Eva.
• Back in stock and price alerts. Messages when a product you asked about is back in stock or its price changes.
• Eva app. A link to download the Eva app when you request it, and a one-time message when the app becomes available if you joined the waitlist.
• Replies you request. One-time responses to a keyword you text us, such as a link to join Pack Privé. These are not recurring.

We do not send marketing text messages to accounts we know belong to people under 18.

How to opt in

You opt in by entering your mobile number and checking the consent box on an Eva form, in the Eva app, at checkout, or by texting a keyword we publish to the number or short code shown with it. For recurring marketing messages, you will receive a confirmation message and may be asked to reply to confirm.

How to opt out

Reply STOP to any message to stop receiving messages from that Program. You can also reply END, CANCEL, UNSUBSCRIBE, QUIT, STOPALL, REVOKE, or OPTOUT, or tell us in any other reasonable way that you no longer want messages, including by emailing [email protected]. We will send one message confirming your opt-out and honor it promptly, and in any case within the time required by law. If you are subscribed to Programs sent from more than one number or short code, opting out of one does not opt you out of the others; reply STOP to each.

Help

Reply HELP to any message for help, or contact us at [email protected] or evapup.com/contact. In Canada, reply INFO for the sender's contact information.

Message frequency and costs

Message frequency varies by Program and by your activity. Message and data rates may apply; check your mobile plan for details.

Carriers

Messages are supported by major US wireless carriers. Carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed and may be affected by your device, your carrier, or coverage in your area. If your device does not support MMS, you may receive messages as SMS instead.

Changing or giving up your number

If you change or stop using the mobile number you opted in with, reply STOP from that number before you stop using it, or tell us at [email protected], so we do not send messages to its next owner.

Privacy

We use your mobile number and messaging information as described in our Privacy Policy at evapup.com/privacy. Mobile numbers and text message opt-in consent are never shared with or sold to third parties or affiliates for their own marketing purposes. Information may be shared with service providers who send messages on our behalf, only to operate the Programs.

Changes

We may change these SMS Terms or any Program, including the number or short code it uses, by posting an updated version at evapup.com/text-messaging-terms and updating the date above. If a change materially affects you, we will notify you by text or email. Continuing to receive messages after a change means you accept it.

Eligibility

You must be the account holder for the mobile number, or have the account holder's permission, and meet the eligibility requirements in Eva's Terms of Service.

Dispute resolution

These SMS Terms are governed by the laws of the State of Texas, excluding its conflict of law rules. Any dispute will be brought exclusively in the state or federal courts located in Dallas County, Texas.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING. PLEASE READ CAREFULLY; IT AFFECTS YOUR LEGAL RIGHTS.

NO CLASS ACTIONS. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY. ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY.

WAIVER OF JURY TRIAL. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE SMS TERMS OR THE PROGRAMS.

General

If any part of these SMS Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.

Contact

Eva Pet, Inc., 5900 Balcones Drive, Suite 100, Austin, TX 78731, [email protected].
Eva Pet Canada, Inc., care of Eva Pet, Inc., at the same address.