Brooklinen SMS Marketing Terms of Service

Last Updated: June 26, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SEE SECTION 8) THAT AFFECT YOUR LEGAL RIGHTS.

SECTION 1 – SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS OF SERVICE

1.1 – Brooklinen offers a mobile messaging Marketing Program (the “Marketing Program”), subject to these SMS Marketing Messaging Terms of Service and our Privacy Policy (collectively, the “Agreement”). By opting in to or participating in the Marketing Program, you accept these terms and conditions, including your agreement to resolve any disputes relating to the Marketing Program with Brooklinen, Attentive Mobile Data, Inc., or any other third-party service provider acting on Brooklinen’s behalf in connection with the Marketing Program, through binding, individual-only arbitration as detailed below in Section 7 and Section 8. This Agreement applies only to the Marketing Program and does not modify other terms that may govern your relationship with Brooklinen.

SECTION 2 – PARTICIPATION REQUIREMENTS

2.1 – You must have a wireless device capable of two-way messaging, use a participating wireless carrier, and be a subscriber with text messaging service. Not all carriers support the Marketing Program.

2.2 – You may not use the Marketing Program if you are under thirteen (13) years of age. Users between thirteen (13) and eighteen (18) must have parental or legal guardian permission. By using the Platform, you represent that you meet these age requirements and are permitted by applicable law to participate.

SECTION 3 – USER OPT-IN AND OPT OUT

3.1 – The Marketing Program allows users to receive SMS/MMS mobile messages by affirmatively opting in through online or application-based enrollment forms. Regardless of opt-in method, this Agreement applies to your participation. By participating, you consent to receive autodialed or prerecorded marketing messages at the phone number associated with your opt-in. Consent is not required to make any purchase. The foregoing shall not be interpreted to imply that any messages are sent using an automatic telephone dialing system. Message and data rates may apply; message frequency varies.

3.2 – User Opt Out: To opt out, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message from Us. You may receive a confirmation message. These are the only recognized opt-out methods. Our platform may not recognize modified or misspelled commands, and Brooklinen and its service providers shall have no liability for failing to honor such requests. Other methods, including verbal requests or alternative text responses, are not valid opt-out methods.

SECTION 4 – MARKETING PROGRAM DESCRIPTION

4.1 – Users who opt-in may receive messages concerning the marketing, promotion, payment, delivery, and sale of products and services, including checkout reminders.

4.2 – Cost and Frequency: Message and data rates may apply. You agree to receive messages at Our discretion; frequency will vary. The Marketing Program involves recurring messages, and additional messages may be sent based on your interactions with Us.

4.4 – MMS Disclosure: The Marketing Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

SECTION 5 – DISCLAIMER OF WARRANTY

5.1 – THE MARKETING PROGRAM IS PROVIDED ON AN “AS-IS” BASIS AND MAY NOT BE AVAILABLE IN ALL AREAS OR AT ALL TIMES. WE MAKE NO WARRANTIES REGARDING AVAILABILITY, TIMELINESS, OR DELIVERY OF MESSAGES. WE SHALL NOT BE LIABLE FOR ANY DELAYS, FAILURES, OR NON-DELIVERY OF MESSAGES, WHICH ARE SUBJECT TO TRANSMISSION BY YOUR WIRELESS CARRIER AND OUTSIDE OUR CONTROL. CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES.

SECTION 6 – PROHIBITED CONTENT

6.1 – You acknowledge and agree not to send any prohibited content to Us or through the Marketing Program. You are solely responsible for all content you transmit, and We reserve the right to terminate your participation immediately if you violate these restrictions.

Prohibited content includes:

• Fraudulent, deceptive, libelous, defamatory, scandalous, threatening, harassing, abusive, or stalking content or activity;

• Objectionable content, including profanity, obscenity, pornography, violence, bigotry, hatred, or discrimination of any kind;

• Viruses, malware, spyware, bugs, trojan horses, or any other harmful, malicious, or disruptive code or software;

• Content promoting any unlawful product, service, or activity, including pirated software or intellectual property infringement;

• Spam, unsolicited advertising, or any content that violates applicable law, third-party rights, or Our policies.

SECTION 7 – PRE-ARBITRATION CLAIM RESOLUTION

7.2 – Within 60 days after receiving a complete Dispute Notice, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the dispute between you and Brooklinen (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Brooklinen will participate in the Conference through one or more representatives, which may include our counsel.

7.3 – Both you and Brooklinen agree that the foregoing dispute resolution procedure (the “Pre-Arbitration Claim Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. If any aspect or requirement of the Pre-Arbitration Claim Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by applicable law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the dispute.

SECTION 8 – ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION

8.2 – In addition to the AAA Rules, you and Brooklinen agree that upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

8.3 – You covenant not to sue Brooklinen, Attentive Mobile Data, Inc., or any other third-party service provider acting on Brooklinen’s behalf in connection with the Marketing Program, in any forum other than as permitted herein. Discovery and appeal rights in arbitration are generally more limited than in a lawsuit, and other rights available in court may not be available in arbitration.

8.4 – You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Marketing Program, your participation in the Marketing Program, or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

8.5 – YOU AND BROOKLINEN AGREE THAT ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE MARKETING PROGRAM, INCLUDING ANY CLAIMS OR DISPUTES AGAINST ATTENTIVE MOBILE DATA, INC. OR ANY OTHER THIRD-PARTY SERVICE PROVIDER ACTING ON BROOKLINEN’S BEHALF IN CONNECTION WITH THE MARKETING PROGRAM, SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND BROOKLINEN EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. Unless both you and Brooklinen agree otherwise in writing, the arbitrator or court may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in a court of competent jurisdiction, while the remaining claims shall proceed in arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BROOKLINEN WAIVE THE RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

SECTION 9 – STATE LAWS

9.3 – Washington: We comply with Washington’s commercial telephone solicitation requirements under RCW 19.158 and RCW 80.36.390. You are deemed a Washington resident if, at opt-in, your phone number has a Washington area code.

SECTION 10 – MISCELLANEOUS

10.1 – You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms. No failure to exercise any right constitutes a waiver of further rights. If any provision is found unenforceable, it shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force. Any new features, changes, or updates to the Marketing Program are subject to this Agreement unless stated otherwise in writing. We may modify this Agreement at any time by posting updated terms; your continued participation constitutes acceptance of modifications.