Mobile Communications Terms of Service

Optimum Works Inc.

Last updated: September 11, 2025

The Optimum Works Inc. mobile communications service (the "Service") is operated by Optimum Works Inc. (“Optimum Works Inc.”, "Optimum Works", "Optimum Rails", “we”, “us”, or “our”). This Service includes phone calls, SMS/text messages, and other mobile communications related to your interactions with us, such as responding to your inquiries, forms, calls, or texts, or contacting you via your preferred communication method. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

These Mobile Terms work in conjunction with our Privacy Policy, which governs how we collect and use your personal information, and our Website/Business Terms of Service, which govern your overall use of our Site and Services. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy here.

Non-Promotional Communications (Inquiries, Responses, and Indicated Preferred Contact Methods)
We may contact you via manual phone calls or SMS/text messages to address your specific inquiries, respond to your form submissions (e.g., custom order requests), return your calls or texts, or communicate based on your indicated preferred communication methods (e.g., call or text selected in our forms). These communications are non-promotional and directly related to your interactions with us, such as order follow-ups, inquiry resolutions, or customer support.

By providing your phone number or selecting a preferred communication method in our forms, submitting an inquiry, or initiating contact with us (e.g., via call or text), you provide prior express consent for us to contact you via manual phone calls or non-autodialed SMS/text messages about your specific request or interaction. This consent is not a condition of any purchase or use of our Services, and your participation is voluntary.

Consent for Calls and Texts: If you indicate a preferred method of phone communication (e.g., “call” or “text”) or provide your number in connection with an inquiry, you consent to receive non-promotional communications via that method. For example, we may call or text you to discuss your custom order request, respond to a text message you send, or return a missed call/voicemail. Consent for calls may be implied from providing your number for transactional purposes but must be express for any promotional content (see SMS Marketing section below).

Message and Data Rates May Apply:
You are responsible for all charges and fees associated with phone calls or text messaging imposed by your wireless provider or carrier. Frequency of calls and messages may vary. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to calls or SMS/text messages, including charges from your wireless provider or carrier.

Opt-Out and Support
You may opt out of receiving calls or texts at any time:

• Opt-Out For texts: Text the single keyword command STOP to any phone number you receive a message from that is associated with our business, or click the unsubscribe link (where available) in any text message. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you.
• Opt-Out For calls: During a call, verbally request to stop future communications, or email us at info@optimumrails.com with your request. We will honor call opt-out requests within 10 business days (as required by Texas law for Texas residents) or 30 days (as required by federal law).
• If you have multiple subscriptions or programs with us, you may need to opt out separately for each.

For Service support or assistance, text HELP to any phone number that is associated with our business or email info@optimumrails.com.

No mobile information will be shared with third parties/affiliates for their own marketing/promotional purposes.

SMS Marketing (Optional)
Although we are discontinuing routine SMS marketing, if you have previously opted in or choose to opt in in the future, you may receive recurring SMS/text messages from and on behalf of Optimum Works Inc. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. These promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders) and may be sent using an automatic telephone dialing system or other technology.

You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with Optimum Works Inc. Your participation in this program is completely voluntary.

Message frequency varies. If you opt in to SMS marketing, we do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.

If you have subscribed to other Optimum Works Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.