Fossil Mobile Program Terms and Conditions

Effective Date: February 26, 2026

Your Quick Guide* to Fossil’s Mobile Program: 

• How to Opt-In: If you would like to receive automated text messages from Fossil, you must opt-in by (1) visiting the Fossil Website on your mobile phone or desktop, (2) providing your mobile phone number and (3) consenting to Fossil’s Mobile Program Terms of Use and Fossil’s Privacy Policy. By opting in, you agree to receive text messages from Fossil.
• Program Description: Fossil will text you about things like Website promotions, birthday messages, new and existing Fossil products and reminders about products sitting in your online shopping cart.
• How to Opt-Out: If you would like to be removed from the mobile program, text STOP to 40436. One additional text message will be sent as confirmation of the opt-out. No additional text messages will be sent after the confirmation of opt-out. You can opt back in any time by following the steps above.
• Supported Carriers: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, among others. Message and data rates may apply.
• Need Assistance? Text HELP to 40436, email us at [email protected] or call us at 1 (800) 449-3056.

*See below for more details.

Terms and Conditions

The following terms and conditions, together with any documents they expressly incorporate by reference, including, without limitation, Fossil’s Privacy Policy (collectively, these "Mobile Terms of Use"), govern the Fossil Mobile Program. Please read these Mobile Terms of Use carefully before enrolling in the Fossil Mobile Program.

BY PARTICIPATING IN THE FOSSIL MOBILE PROGRAM, YOU AGREE: (1) TO ABIDE BY AND BE BOUND TO THESE MOBILE TERMS OF USE; (2) TO RECEIVE AUTOMATED TEXT MESSAGES FROM FOSSIL, INCLUDING MESSAGES FOR ADVERTISING PURPOSES; AND (3) THAT AGREEING TO THESE MOBILE TERMS OF USE HAS THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN CONTRACT WITH YOUR WRITTEN SIGNATURE AND SATISFIES ANY LAWS THAT REQUIRE A WRITING OR SIGNATURE. IF YOU DO NOT AGREE, DO NOT PARTICIPATE IN FOSSIL’S MOBILE PROGRAM.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE MOBILE TERMS OF USE INCLUDE A “DISPUTE RESOLUTION” SECTION THAT INCLUDES A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THIS MEANS THAT YOU AND FOSSIL ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN FRONT OF A JURY OR IN CLASS ACTIONS OF ANY KIND. PLEASE READ CAREFULLY.

DEFINITIONS

• “Fossil” means Fossil Group, Inc. and its related entities.
• “Fossil Mobile Program” refers to the program in which Fossil sends automated text messages to individuals who have opted in to receiving such text messages.
• “We,” “our,” “us,” and “provider” refer to Fossil, as well as any other person or entity providing any service, applications or content to you from us or on our behalf.
• “Website” refers to Fossil’s e-commerce website.
• “You” means the person who signs up to participate in, or uses in any way, the Fossil Mobile Program.

FOSSIL MOBILE PROGRAM: OPTING-IN

In order to join Fossil’s Mobile Program, you must opt-in to the program. This can be done in the following ways:

- Website Sign-Up:

• When you visit our Website on your desktop, you can opt-in by providing your mobile phone number in the designated form. At that time, you must read and accept the applicable terms, such as these Fossil Mobile Program Terms of Use and Fossil’s Privacy Policy. You cannot join the Fossil Mobile Program without first accepting those terms.
• Once you click “Sign Up Now for Texts’ Fossil will send you a text message to confirm you’d like to join the Fossil Mobile Program. This text message also ensures you provided the correct mobile phone number. You will not be enrolled in the Fossil Mobile Program unless/until you reply to that text message confirming your request to opt-in.

- Mobile Sign-Up:

• When you visit our Website on your mobile device, you can opt in by clicking on the ‘Sign Up Now For Texts’ button located on the Fossil Mobile Program pop-up. Once you click that button, a text message indicating your interest to sign up will be generated for your review. Send this text message to Fossil to opt-in to the Fossil Mobile Program.
• By sending Fossil that generated-text message, you are agreeing to the applicable terms, such as these Fossil Mobile Program Terms of Use and Fossil’s Privacy Policy.

By opting in to the Fossil Mobile Program, through either method, you are consenting to receive text messages from Fossil. Joining the Fossil Mobile Program is not a condition for using our Website or making a purchase.

FOSSIL MOBILE PROGRAM: OPTING OUT

You can opt out of the Fossil Mobile Program at any time, for any reason, in the following ways:

- Text one the following keywords to 40436:

• Stop
• Unsubscribe
• Quit
• End
• Cancel
• Revoke
• Opt out

Fossil will send you a text message to confirm your successful opt out. Once you opt out, you can opt back in any time following the steps described in the section above.

FOSSIL MOBILE PROGRAM: PROGRAM DESCRIPTION

When you opt in to Fossil’s Mobile Program, you agree to receive automated, pre-programmed text messages from Fossil that may include, but are not limited to, texts about:

- New and existing Fossil products

- Promotions and sales

- Your birthday (if you provide us with your birthday information)

Message frequency varies; see below for more information.

In addition to pre-programmed texts, we may also send you automated text messages based on your interaction with our Website. These behavioral texts may include, but are not limited to:

- When you leave product(s) in your online shopping cart without checking out

- When we notice that a product on our Website caught your eye

- When there is a promotion or price drop on a product that we’ve seen you interact with before

Unlike pre-programmed texts, these behavioral texts depend on your interaction with our Website and, because of that, message frequency will vary.

YOUR MOBILE PHONE NUMBER

To participate in the Fossil Mobile Program, you must provide Fossil your mobile telephone number. By doing so, you represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Fossil immediately if you change your mobile telephone number. You may notify Fossil of a number change by emailing us at [email protected].

You agree to indemnify and hold harmless Fossil in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Fossil if you change your mobile telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act and similar regulation(s).

YOUR PRIVACY

As mentioned above, the Fossil Mobile Program is subject to Fossil’s Privacy Policy, which is incorporated into these Mobile Terms of Use by reference. When you opt in to the Fossil Mobile Program, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE FOSSIL MOBILE PROGRAM AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE FOSSIL MOBILE PROGRAM COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. NEITHER FOSSIL NOR SUPPORTED CARRIERS WILL BE LIABLE FOR ANY UNDELIVERED OR DELAYS IN THE RECEIPT OF ANY SMS MESSAGES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FOSSIL OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF FOSSIL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE FOSSIL MOBILE PROGRAM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. IF YOU ARE DISSATISFIED WITH THE FOSSIL MOBILE PROGRAM OR THESE MOBILE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE FOSSIL MOBILE PROGRAM BY EFFECTIVELY OPTING OUT OF THE FOSSIL MOBILE PROGRAM.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE CERTAIN LAWSUITS.

CLASS ACTION WAIVER

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

JURY TRIAL WAIVER

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE MOBILE TERMS OF USE OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).

TIMING LIMITATIONS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO FOSSIL WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

APPLICABLE LAW

These Mobile Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Texas, without giving effect to any conflict of law provisions. Any dispute arising under these Mobile Terms of Use shall be resolved exclusively by an appropriate federal or state court sitting in the State of Texas.

MODIFICATIONS TO MOBILE TERMS OF USE

Fossil, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Mobile Terms of Use, and to impose new or additional terms and conditions on your participation in the Fossil Mobile Program. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these Mobile Terms of Use as "Additional Terms") will be effective immediately and incorporated into these Mobile Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to Fossil’s Website. Your continued participation in the Fossil Mobile Program following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

TERMINATION & SURVIVAL

These Mobile Terms of Use are effective unless and until terminated by either you or Fossil. You may terminate these Terms of Use at any time by discontinuing your participation in the Fossil Mobile Program by effectively opting out of the Fossil Mobile Program. Fossil also may terminate these Mobile Terms of Use at any time and may do so immediately without notice, and accordingly deny you participation in the Fossil Mobile Program, in Fossil’s sole discretion. Any term or condition within these Mobile Terms of Use that, by its nature, is clearly intended to survive the expiration or termination of these Mobile Terms of Use, shall survive any such expiration or termination, including, without limitation, the sections entitled “LIMITATION OF LIABILITY” and “DISPUTE RESOLUTION.”

WAIVER

Fossil’s failure to enforce strict performance of any provision of these Mobile Terms of Use will not constitute a waiver of Fossil’s right to subsequently enforce such a provision or any other provision of these Mobile Terms of Use, nor will any delay or omission on the part of Fossil to exercise or take advantage of any right or remedy that Fossil has or may have hereunder, operate as a waiver of any right or remedy.

SEVERABILITY

In the event that any of the provisions of these Mobile Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to affect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.