SMS Terms and Conditions

Last updated: July 22, 2026

These SMS Terms and Conditions ("SMS Terms") apply to the JANE + MERCER mobile messaging program (the "Program"), operated by Republic Clothing Apparel Inc., d/b/a JANE + MERCER ("JANE + MERCER," "we," "us," or "our"). By enrolling in or participating in the Program, you agree to these SMS Terms.

1. Program description

The Program provides recurring promotional SMS and MMS messages from or on behalf of JANE + MERCER. Messages may include promotions, special offers, product or collection announcements, store openings, store events, and other marketing content. The Program does not currently include cart-reminder, order-update, or other transactional messages. If we add materially different message types, we will update the Program disclosures and obtain consent when required.

When you provide your mobile number and affirmatively enroll through a JANE + MERCER or Klaviyo sign-up method, you consent to receive recurring Program messages at the number provided. Messages may be sent using an automatic telephone dialing system or other automated technology. Your consent is voluntary and is not a condition of any purchase.

You represent that you are the subscriber or customary user of the number provided and are authorized to consent to messages at that number. If you change or relinquish your number, you must opt out before doing so and enroll again with any new number if you wish to continue participating.

3. Message frequency and charges

Message frequency varies. JANE + MERCER does not charge for the Program, but message and data rates may apply. Your wireless provider’s rates and terms govern, and you are responsible for any carrier charges.

4. How to opt out

You may opt out at any time by replying STOP to any Program message. Where available, you may also use the unsubscribe link in a message. You may receive one final message confirming your opt-out. After that, we will not send further Program messages unless you initiate contact or enroll again.

If you participate in more than one JANE + MERCER mobile program in the future, you may need to opt out of each program separately unless applicable law requires otherwise.

5. Help

Reply HELP to any Program message for assistance, or email customerservice@janeandmercer.com.

6. Delivery and supported carriers

Wireless carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your wireless provider and is not guaranteed. The Program may not be available on all devices, networks, or carriers. We may change the short code or telephone number used for the Program and will provide notice when appropriate. Always use the opt-out instructions in the most recent Program message.

7. Privacy and use of mobile information

Our Privacy Policy describes how we collect, use, and disclose personal information. Mobile numbers, SMS opt-in and opt-out data, consent information, message data, and related information collected in connection with the Program ("SMS Data") will not be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. We may disclose SMS Data to Klaviyo, telecommunications carriers, aggregators, platform providers, and other service providers solely as necessary to operate, support, secure, and administer the Program; comply with law; or honor your directions. The advertising and audience-matching disclosures in our Privacy Policy do not apply to SMS Data.

8. Eligibility

The Program is intended for U.S. residents who are at least 18 years old. If you are under 18, do not enroll. You must have a compatible wireless device and an active text-messaging plan.

9. Changes, suspension, and termination

We may modify, suspend, or terminate the Program or these SMS Terms. We will provide notice of material changes when required by law. We may suspend or terminate your participation if we believe you are misusing the Program or if continued participation may create risk or violate law.

10. Disclaimer and limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE." JANE + MERCER DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE DELIVERY. JANE + MERCER WILL NOT BE LIABLE FOR DELAYED, FAILED, DUPLICATE, OR MISDIRECTED MESSAGES; INACCURATE MESSAGE CONTENT; OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON A MESSAGE, EXCEPT TO THE EXTENT LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

11. General terms

These SMS Terms supplement our Terms of Service. If they conflict regarding the Program, these SMS Terms control. These SMS Terms are governed by New York law, subject to mandatory consumer rights. If a provision is unenforceable, the remaining provisions remain in effect.

12. Contact us

For Program support or questions, reply HELP, email customerservice@janeandmercer.com, or write to JANE + MERCER, 1411 Broadway, Floor 34, New York, NY 10018.