1 Definitions

• Business Partner means a company or organization that has entered into a separate agreement with Melted Crayons LLC to deploy Hold Time Media within its call center or customer hold queue.
• End-User means any individual who receives an SMS message from the Service while on hold with a Business Partner.
• Service refers to the Hold Time Media platform, including SMS delivery infrastructure, interactive game interfaces, branded content delivery, and related services accessible via www.holdtimemedia.com.
• Content means all games, graphics, text, audio, video, and other materials made available through the Service.
• White-Label means the ability of a Business Partner to brand the Hold Time Media experience with their own name, logo, colors, and messaging.

2 Acceptance of Terms

By using the Service in any capacity — whether as a Business Partner configuring the platform or as an End-User interacting with an SMS game link — you confirm that you have read, understood, and agree to these Terms and our Privacy Policy.

If you are using the Service on behalf of a Business Partner organization, you represent that you have the authority to bind that organization to these Terms.

3 Description of the Service

Hold Time Media is a B2B platform that enables businesses to deliver branded, interactive micro-game experiences to their customers via SMS during phone hold queues. The Service includes:

• SMS delivery of game links to End-Users during hold sessions
• A library of browser-based interactive games and entertainment experiences
• A white-label configuration portal allowing Business Partners to customize branding, messaging, and rewards
• Analytics and reporting tools for Business Partners
• Integration with telephony and CRM systems via API

The specific features available to a Business Partner are determined by their subscription tier and service agreement with Melted Crayons LLC.

4 SMS Messaging Terms

4.1 How Messages Are Sent

End-Users receive SMS messages through the Hold Time Media platform when they are placed on hold by a participating Business Partner. Prior to receiving any SMS, End-Users hear a pre-recorded IVR prompt informing them that a text message containing an interactive experience can be sent to their mobile number, along with message-frequency, rate, HELP, and STOP disclosures and links to these Terms and our Privacy Policy.

4.2 Consent

Consent is express. An End-User provides opt-in consent by pressing 1 on their phone keypad (or saying “yes”) in response to the IVR prompt. This affirmative keypress, given in real time over the same call, is required before any SMS is sent; if the End-User does not press 1, no message is sent. Business Partners are responsible for ensuring their deployment of Hold Time Media complies with the Telephone Consumer Protection Act (TCPA) and all applicable federal, state, and local laws governing SMS communications.

4.3 Opt-Out

End-Users may opt out of receiving future SMS messages at any time by replying STOP to any message received from the Service. Upon receipt of a STOP request, the End-User will receive a single confirmation message and no further messages will be sent to that number.

4.4 Help

End-Users may reply HELP to any SMS message to receive information about the Service and opt-out instructions.

4.5 Message Frequency and Rates

Each opt-in results in exactly one SMS message; the Service does not send recurring or scheduled messages. A person may receive another message only if they call again and separately opt in. Standard message and data rates may apply depending on the End-User’s mobile carrier plan. Melted Crayons LLC is not responsible for any charges incurred by End-Users from their mobile carrier.

4.6 Supported Carriers

The Service is supported by major U.S. wireless carriers. Melted Crayons LLC does not guarantee delivery of messages by all carriers and is not liable for delayed or undelivered messages.

4.7 Privacy of Mobile Information

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. Mobile phone numbers collected to deliver the SMS are handled in accordance with our Privacy Policy.

5 Business Partner Obligations

Business Partners who license and deploy Hold Time Media agree to:

• Comply with all applicable laws governing SMS marketing, telemarketing, and consumer communications, including TCPA, CAN-SPAM, and applicable state laws
• Ensure their use of the platform does not result in unsolicited messages to End-Users who have not expressly opted in to receiving SMS communications
• Maintain accurate records of any consent obtained from their customers
• Not use the Service to send spam, phishing messages, or any content that is deceptive, harmful, or in violation of applicable law
• Not deploy the Service in a manner that misrepresents the source or nature of the messages being sent
• Promptly honor all opt-out requests from End-Users
• Comply with the terms of any separate Master Services Agreement or order form executed with Melted Crayons LLC

6 Intellectual Property

6.1 Company Ownership

All Content, games, software, designs, trademarks, trade names, logos, and other intellectual property associated with the Hold Time Media platform are the exclusive property of Melted Crayons LLC or its licensors. Nothing in these Terms grants you any ownership interest in the Service or its Content.

6.2 License to Business Partners

Subject to these Terms and your applicable service agreement, Melted Crayons LLC grants Business Partners a limited, non-exclusive, non-transferable, revocable license to access and use the Hold Time Media platform solely for the purpose of delivering the branded hold-time experience to their customers.

6.3 Business Partner Content

Business Partners retain ownership of any logos, brand assets, and custom messaging they upload to the platform. By uploading such content, Business Partners grant Melted Crayons LLC a limited license to use, display, and reproduce that content solely for the purpose of operating the Service on their behalf.

6.4 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer or attempt to extract the source code of the platform
• Use the Service to develop a competing product
• Remove or alter any proprietary notices or branding from the Service

7 User Conduct

All users of the Service agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Transmit any content that is harmful, offensive, defamatory, or infringes on the rights of others
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Interfere with or disrupt the integrity or performance of the Service
• Use automated tools to scrape, crawl, or extract data from the Service without written permission
• Impersonate any person or entity in connection with use of the Service

8 Privacy

Your use of the Service is also governed by our Privacy Policy, available at www.holdtimemedia.com/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

9 Third-Party Services

The Service relies on third-party providers including Twilio for SMS delivery, Supabase for database services, and Google Analytics for usage monitoring. Your interactions with these third-party services are governed by their respective terms and privacy policies. Melted Crayons LLC is not responsible for the practices or policies of any third-party provider.

10 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MELTED CRAYONS LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT SMS MESSAGES WILL BE DELIVERED TO ALL DEVICES OR CARRIERS WITHOUT DELAY.

11 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MELTED CRAYONS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO USE THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

12 Indemnification

You agree to indemnify, defend, and hold harmless Melted Crayons LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

13 Termination

Melted Crayons LLC reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason including violation of these Terms.

Business Partners may terminate their use of the Service in accordance with the terms of their separate service agreement. Upon termination, all licenses granted under these Terms will immediately cease. Sections 6, 10, 11, 12, and 15 of these Terms will survive termination.

14 Modifications to the Service and Terms

We reserve the right to modify or discontinue the Service at any time without notice. We also reserve the right to update these Terms at any time. When we make material changes, we will update the “Last Updated” date and post the revised Terms at www.holdtimemedia.com/terms. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

15 Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms shall first be submitted to good-faith negotiation. If not resolved within thirty (30) days, it shall be submitted to binding arbitration in Orange County, California, under the rules of the American Arbitration Association. Either party may seek injunctive or equitable relief in any court of competent jurisdiction.

16 Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it will be severed. The remaining provisions will continue in full force and effect.

17 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Business Partner service agreement, constitute the entire agreement between you and Melted Crayons LLC with respect to your use of the Service and supersede all prior or contemporaneous communications, representations, or agreements.

18 Contact Us

If you have any questions about these Terms, please contact us: