TERMS AND CONDITIONS

SMS Trash Reminder Service

Sixty Four Prospect Street LLC

Effective Date: March 17, 2026

 

1. Agreement to Terms

These Terms and Conditions ("Terms") govern your participation in the SMS trash reminder service (the "Service") operated by Sixty Four Prospect Street LLC ("Company," "we," "us," or "our"). By providing your mobile phone number and participating in the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, please notify us in writing and we will remove you from the Service.

2. Description of Service

The Service consists of automated text message reminders sent to enrolled tenants regarding their assigned trash and recycling responsibilities at their rental property. Messages are sent on the following schedule:

•       Thursday evenings: Reminder to place trash bins at the curb before Friday morning pickup

•       Friday mornings: Day-of reminder that trash pickup is occurring

•       Friday mid-morning: Reminder to bring bins back in from the curb after pickup

The Service is provided as a convenience to tenants and does not replace or modify any obligations set forth in your lease agreement regarding trash disposal.

3. Consent to Receive Text Messages

By enrolling in the Service, you expressly consent to receive automated text messages from the Company at the mobile phone number you have provided. You understand and agree that:

•       Messages will be sent using an automated system

•       Message frequency is approximately 3 messages per week

•       Standard message and data rates from your wireless carrier may apply

•       Consent to receive text messages is not a condition of your tenancy

To opt out of the Service at any time, notify the Company in writing. You will be removed from the Service within a reasonable time of receipt of your opt-out request. Opting out of the Service does not relieve you of any trash disposal obligations under your lease.

4. Tenant Responsibilities

Participation in the Service does not alter your responsibilities as a tenant. You remain solely responsible for:

•       Complying with all trash and recycling requirements set forth in your lease agreement

•       Placing bins at the curb by the required pickup time, regardless of whether a reminder was received

•       Bringing bins in from the curb in a timely manner after pickup

•       Notifying the Company of any changes to your mobile phone number

•       Ensuring your mobile device is capable of receiving SMS messages

Failure to receive a reminder message, whether due to technical issues, carrier delays, or any other reason, does not excuse non-compliance with your lease obligations.

5. Accuracy of Contact Information

You are responsible for providing and maintaining accurate contact information. The Company is not liable for missed reminders resulting from an incorrect or outdated phone number on file. To update your phone number, please notify the Company in writing.

6. Service Availability and Reliability

The Company provides the Service on a best-efforts basis. We do not guarantee uninterrupted or error-free delivery of messages. The Service may be affected by:

•       Technical issues with our SMS service provider (Twilio, Inc.)

•       Carrier delays or restrictions

•       Changes to trash pickup schedules

•       Holidays or other schedule modifications

We will make reasonable efforts to notify tenants of any extended service interruptions or schedule changes that may affect reminder delivery.

7. Modifications to the Service or Terms

The Company reserves the right to modify, suspend, or discontinue the Service at any time with reasonable notice. We may also update these Terms from time to time. Material changes will be communicated to enrolled tenants in writing or via text message at least 10 days before taking effect. Continued participation in the Service following notice of changes constitutes acceptance of the updated Terms.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Sixty Four Prospect Street LLC shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to your participation in the Service, including but not limited to:

•       Failure to receive one or more reminder messages

•       Technical failures of third-party SMS providers

•       Fines, fees, or penalties assessed under your lease for missed trash obligations

•       Any harm arising from reliance on the Service as your sole means of tracking trash responsibilities

In no event shall the Company's total liability to you exceed the amount, if any, paid by you for the Service. As this Service is provided at no charge to tenants, our total liability shall not exceed one dollar ($1.00).

9. Indemnification

You agree to indemnify, defend, and hold harmless Sixty Four Prospect Street LLC and its members, managers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of or participation in the Service, your violation of these Terms, or your violation of any rights of another.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Middlesex County, Massachusetts.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

12. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior agreements and understandings regarding the same. These Terms do not modify or supersede any provisions of your lease agreement.

13. Contact Information

For questions about these Terms or the Service, please contact us:

 

Sixty Four Prospect Street LLC

Website: www.cambridgecreative.dev

 

These Terms and Conditions are provided for informational purposes. Nothing herein constitutes legal advice. Sixty Four Prospect Street LLC recommends consulting a qualified attorney to ensure compliance with applicable federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA) and Massachusetts state law.