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Dinger Derby

SMS Terms & Conditions

Effective Date: March 2026

Governing State: Georgia, United States

Overview & Purpose of This Document

These SMS Terms & Conditions ("SMS Terms") govern the text message communications program operated by Dinger Derby ("Dinger Derby," "we," "us," or "our") at dingerderby.io. These SMS Terms are a standalone legal document required by the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, CTIA Messaging Principles and Best Practices, and U.S. mobile carrier requirements.

These SMS Terms are incorporated by reference into Dinger Derby's Privacy Policy and Terms of Service. By opting into Dinger Derby's SMS program, you agree to these SMS Terms in their entirety.

These SMS Terms must be presented to users at the point of SMS opt-in, prior to the collection of any mobile phone number for messaging purposes. The opt-in mechanism must include a checkbox or other affirmative action — pre-checked boxes do not constitute express written consent under TCPA.

Section 1 — Program Description

1.1 Program Name

The SMS program operated by Dinger Derby is referred to as the "Dinger Derby SMS Program."

1.2 Sender Identity

All SMS messages in the Dinger Derby SMS Program are sent by or on behalf of Dinger Derby (dingerderby.io). Messages will identify Dinger Derby as the sender in the message body.

1.3 Types of Messages

The Dinger Derby SMS Program includes the following message types:

  • Marketing / Promotional: Baseball analytics highlights, new feature announcements, subscription offers, seasonal promotions, and other marketing content.
  • Transactional / Account: Account creation confirmations, payment receipts, subscription renewal reminders, payment failure alerts, and subscription expiration notices.
  • Security / Authentication: Two-factor authentication (2FA) codes, login verification, and security alerts related to your account.
  • Content Alerts (if applicable): Game-day updates, score alerts, player statistics notifications, and personalized baseball content alerts based on your preferences.

1.4 Message Frequency

Message frequency varies based on your preferences, activity on the Platform, and the types of notifications you have enabled. As a general guide:

  • Marketing SMS: up to 500 messages per month;
  • Transactional SMS: triggered by account events (no fixed frequency);
  • Security/2FA SMS: triggered by login or security events;
  • Content Alerts: based on your selected preferences (e.g., game-day notifications).

1.5 Supported Carriers

The Dinger Derby SMS Program is available on all major U.S. mobile carriers, including but not limited to AT&T, Verizon, T-Mobile, US Cellular, and their MVNOs. Carrier availability is subject to change. Dinger Derby is not responsible for delays or failures in SMS delivery caused by carrier issues, network outages, or factors outside our control.

1.6 Messaging Costs

Dinger Derby does not charge users for SMS messages sent through the Dinger Derby SMS Program. However, your mobile carrier's standard message and data rates apply to all messages sent and received. These rates vary by carrier and plan. Please contact your carrier for details on your messaging plan.

Section 2 — How to Opt Out

2.1 STOP Command

You may opt out of the Dinger Derby SMS Program at any time by replying STOP to any message you receive from us. Upon receipt of a STOP reply, we will:

  • Process your opt-out request within the timeframe required by applicable law and carrier guidelines;
  • Send you a single confirmation message acknowledging your opt-out;
  • Cease sending you further SMS messages from the applicable program.

2.2 Additional Opt-Out Methods

  • Update your notification preferences in the Dinger Derby app settings under Settings > Notifications > SMS;
  • Email hello@dingerderby.io with your mobile number and a request to opt out;
  • Contact Dinger Derby support at hello@dingerderby.io.

2.3 Effect of Opt-Out

Opting out of marketing SMS does not automatically opt you out of transactional or security SMS if you have provided separate consent for those programs. To opt out of all SMS from Dinger Derby, reply STOP to a message from each program or contact us at hello@dingerderby.io and request a full opt-out of all SMS communications.

Opting out of SMS does not affect your account status, subscription, or ability to use the Platform. You will continue to receive communications via email unless you separately opt out of email marketing as described in the Privacy Policy.

2.4 Re-Subscription

If you have opted out and wish to re-subscribe to the Dinger Derby SMS Program, you may do so by:

  • Texting START to the Dinger Derby sender number;
  • Re-providing your express written consent through your account settings or at dingerderby.io.

Re-subscription requires fresh express written consent. Prior opt-out records are retained for compliance purposes regardless of re-subscription.

Section 3 — Help & Support

3.1 HELP Command

Reply HELP to any Dinger Derby SMS message to receive assistance information. The following is the HELP response message:

Dinger Derby SMS Help: For support, email hello@dingerderby.io or visit dingerderby.io/help. Reply STOP to unsubscribe. Msg&data rates may apply.

3.2 Support Contact

Section 4 — TCPA Compliance & Legal Framework

4.1 TCPA Overview

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations at 47 C.F.R. § 64.1200 restrict the use of automated telephone dialing systems and pre-recorded messages for marketing communications. The TCPA requires express written consent before sending marketing text messages using an automatic telephone dialing system (ATDS) or artificial or prerecorded voice.

Dinger Derby's SMS program is designed to comply with the TCPA. This includes obtaining express written consent before sending marketing messages, honoring opt-out requests promptly, maintaining consent records, and registering with The Campaign Registry.

4.2 The Campaign Registry (TCR) Registration

Dinger Derby registers all SMS campaigns with The Campaign Registry (TCR), a third-party registry established by U.S. mobile carriers to reduce spam and improve message deliverability. TCR registration requires Dinger Derby to disclose:

  • Brand identity and contact information;
  • Campaign type (e.g., marketing, 2FA, account notification);
  • Message content samples;
  • Opt-in and opt-out mechanisms;
  • Estimated message volume.

SMS messages sent from unregistered campaigns may be filtered or blocked by carriers. Dinger Derby will not begin any SMS program until all required TCR registrations are approved.

4.3 10DLC & Short Code Requirements

Dinger Derby will use one of the following number types for its SMS program, subject to counsel and provider recommendation:

  • 10DLC (10-Digit Long Code): A standard U.S. phone number registered for business messaging through TCR. Appropriate for most conversational and transactional messaging programs. Requires TCR brand and campaign registration.
  • Short Code: A 5- or 6-digit number optimized for high-volume marketing messages. Requires separate carrier application and approval process (4–8 weeks). Higher monthly cost but better deliverability for large-scale programs.
  • Toll-Free Number: A toll-free number (e.g., 8XX) that can be verified for business messaging. A middle ground between 10DLC and short code; suitable for moderate-volume programs.

4.4 State Law Compliance

In addition to the federal TCPA, certain states have enacted additional restrictions on SMS marketing. Dinger Derby will comply with applicable state laws, including:

  • Florida: Florida Telephone Solicitation Act (FTSA) — requires prior express written consent for automated text messages and imposes additional restrictions on calling hours and frequency;
  • Oklahoma: Oklahoma Telephone Solicitation Act;
  • Washington State: Washington Commercial Electronic Mail Act and Consumer Protection Act;
  • California: California Consumer Privacy Act (CCPA) opt-out rights applicable to SMS consent data.

Users in these states may have additional rights beyond those described in these SMS Terms. Dinger Derby will comply with the most restrictive applicable law.

Section 5 — Consent Records & Compliance Documentation

5.1 What We Record

For every user who opts into the Dinger Derby SMS Program, we capture and retain the following information:

  • Mobile phone number provided;
  • Date and time of opt-in;
  • Method of opt-in (e.g., website form, in-app screen, account settings);
  • The exact consent language presented to the user at the time of opt-in;
  • IP address and device information at time of opt-in (where technically feasible);
  • For double opt-in programs: timestamp and content of the confirmation reply;
  • Date and time of any opt-out (STOP reply or other method);
  • Date and time of any re-subscription.

5.2 Retention Period

SMS consent records are retained for a minimum of four (4) years from the date of consent, and for a minimum of four (4) years following any opt-out request. This retention period is based on the TCPA's four-year federal statute of limitations under 28 U.S.C. § 1658. Records are never destroyed while any potential TCPA claim arising from the relevant consent or opt-out remains within the applicable statute of limitations.

5.3 Record Security

All SMS consent records are stored in a secure database with access controls limiting access to authorized Dinger Derby personnel and legal counsel. These records are treated as legally sensitive documents and are subject to Dinger Derby's data security policies described in Section 8 of the Privacy Policy.

Section 6 — Disclaimers & Limitation of Liability

6.1 No Guarantee of Delivery

Dinger Derby does not guarantee that SMS messages will be delivered to your device. Delivery may be delayed or prevented by factors outside our control, including network outages, carrier issues, device settings, or number deactivation. Dinger Derby is not liable for any harm resulting from delayed, failed, or misdirected SMS delivery.

6.2 No Betting Advice via SMS

Consistent with our Terms of Service and Disclaimer, no SMS message sent by Dinger Derby constitutes betting advice, wagering recommendations, or a guarantee of any sports outcome. All Content delivered via SMS — including statistics, analytics, and highlights — is for informational and entertainment purposes only.

6.3 Limitation of Liability

To the maximum extent permitted by applicable law, Dinger Derby's liability arising from or related to the SMS program is limited to the greater of (a) the total amount paid by you to Dinger Derby in the 12 months preceding the claim, or (b) fifty dollars ($50.00). Dinger Derby is not liable for indirect, incidental, consequential, or punitive damages arising from participation in the SMS program.

Section 7 — Modifications to SMS Terms

Dinger Derby reserves the right to modify these SMS Terms at any time. When we make material changes, we will notify you by posting updated SMS Terms at dingerderby.io/sms-terms and, where required by law or carrier guidelines, by sending a notification via SMS. Your continued participation in the SMS program after any changes constitutes your acceptance of the revised SMS Terms.

If you do not agree to any changes to these SMS Terms, you must opt out of the SMS program by replying STOP or using another opt-out method described in Section 2.

Section 8 — Governing Law & Disputes

These SMS Terms are governed by the laws of the State of Georgia and applicable federal law, including the TCPA, without regard to Georgia's conflict of law provisions. Any disputes arising from or related to these SMS Terms are subject to the dispute resolution, arbitration, and class action waiver provisions of Dinger Derby's Terms of Service.

Section 9 — Contact Information

For questions about these SMS Terms or the Dinger Derby SMS Program, please contact us: