SMS Terms of Service

1. Program Description

LIL FISH LLC (“LIL FISH,” “we,” “us,” or “our”) operates an SMS messaging program (the “Program”) under which we send text messages to individuals who have expressly opted in to receive such communications. The Program is named LIL FISH LLC Business Funding Alerts.

These SMS Terms govern your participation in the Program. By opting in, you agree to receive text messages from LIL FISH LLC in accordance with these terms.

2. How to Opt In

You may opt in to receive SMS messages from LIL FISH LLC through the following channels:

• Website Application Form — by submitting our online application and checking the SMS consent checkbox, which reads: “I expressly consent to receive autodialed or pre-recorded text messages (SMS) from LIL FISH LLC at the mobile number provided...”
• Verbal Consent — by providing verbal consent during a phone call with a LIL FISH representative, which is documented in our system;
• Written Consent — by signing a paper application or consent form that includes the SMS disclosure language.

Consent to receive SMS messages is not a condition of obtaining any financing product or service from LIL FISH LLC.

3. Types of Messages Sent

Once you opt in, you may receive text messages relating to:

• Application Updates — status notifications on your submitted funding application;
• Funding Offers — personalized financing offers and pre-approval notices;
• Account Status Notifications — alerts regarding your active account, funding status, or document requests;
• Repayment Reminders — scheduled payment reminders and notices;
• Promotional Information — information about new products, special offers, and services offered by LIL FISH LLC; and
• Customer Service — responses to your HELP requests and support inquiries.

4. Message Frequency

Message frequency varies depending on the stage of your application, account activity, and promotional periods. You may receive up to 5 messages per week related to application and account updates. Promotional messages will not exceed 4 messages per month. We reserve the right to adjust message frequency based on operational needs, with notice provided in advance where practicable.

5. Message and Data Rates

Message and data rates may apply. Standard SMS and data rates charged by your wireless carrier will apply to all messages sent to and received from our Program. LIL FISH LLC does not charge any additional fees for participation in the Program. Please consult your wireless plan for applicable rates.

6. How to Opt Out

You may opt out of receiving SMS messages from LIL FISH LLC at any time using any of the following methods:

• Reply STOP — text the word STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT) to any message you receive from us. You will receive a one-time confirmation that you have been unsubscribed. After that, you will receive no further messages unless you opt back in.
• Contact Us — call us at (347) 552-1151 to request removal from our SMS list.

After sending STOP, you will receive a final confirmation message: “You have been unsubscribed from LIL FISH LLC SMS alerts. No further messages will be sent. Reply START to re-subscribe.”

Note: Opting out of SMS marketing messages does not cancel your financing application or terminate your account with LIL FISH LLC. You may continue to receive transactional messages necessary to service an active account unless you also request account closure.

7. How to Get Help

For assistance with our SMS program, you may:

• Reply HELP to any message to receive a help text with contact information;
• Call us at (347) 552-1151; or
• Visit our website at the address below.

After sending HELP, you will receive: “LIL FISH LLC: For help, call (347) 552-1151 or visit lilfish.com. Reply STOP to opt out. Msg & data rates may apply.”

8. Re-Opting In After Opting Out

If you have previously opted out and would like to re-enroll in the Program, you may do so by replying START to any prior message from our short code or long code, or by re-submitting our application form and checking the SMS consent box.

9. Supported Carriers

Our SMS Program is supported by all major wireless carriers in the United States, including but not limited to: AT&T, Verizon, T-Mobile, Sprint, U.S. Cellular, Boost Mobile, Metro by T-Mobile, and Cricket Wireless. Carrier support is subject to change. LIL FISH LLC is not responsible for delayed or undelivered messages due to carrier issues, network conditions, or technical failures beyond our control.

10. Privacy of SMS Consent Data

SMS opt-in data, opt-out records, and consent documentation are treated as sensitive information. This data will not be sold, rented, or shared with third parties for their own independent SMS marketing campaigns. Consent records are maintained for compliance purposes and may be shared with our SMS technology partners and regulatory authorities as required.

For full details on how we handle your data, see our Privacy Policy.

11. Changes to These SMS Terms

LIL FISH LLC reserves the right to modify these SMS Terms at any time. Material changes will be communicated via SMS or posted on our website with an updated effective date. Your continued participation in the Program following notice of changes constitutes your acceptance of the revised terms.

12. Limitation of Liability

LIL FISH LLC will not be liable for any direct, indirect, incidental, or consequential damages arising from your participation in or inability to participate in the SMS Program, including any damages resulting from delays, non-delivery, incorrect delivery, or any other failure of delivery of SMS messages attributable to your wireless carrier.

13. Governing Law

These SMS Terms are governed by the laws of the State of New York and applicable federal law, including the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and the rules and regulations promulgated thereunder by the Federal Communications Commission (FCC). Disputes shall be resolved in accordance with the arbitration clause set forth in our Terms of Service.

14. Contact Information