Text Us Services, Inc.
– TERMS OF SERVICE –
Text Us Services Inc. (dba. TextUs™) provides services including: ”TextUs™”, and may be referred to in this agreement as “we”, “our”, or “us”.
1. Your Relationship With TextUs
By using the TextUs (“Website”), our desktop and mobile apps (our “Apps”) and all related end clients, Chrome Extension, tools, applications, data, software, APIs and other services provided by TextUs (the “Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
2. Accepting the Agreement
BY ACCEPTING THIS AGREEMENT YOU AUTHORIZE TEXT US SERVICES, INC (“TEXTUS”) TO ACT AS YOUR LIMITED AGENT FOR THE SOLE PURPOSE OF SMS AND/OR MMS MESSAGE ORIGINATION AND DELIVERY THROUGH AN INDEPENDENT AND DIRECT INTERFACE WITH THE TEXTUS’ MESSAGING “VENDOR”, SAP MOBILE SERVICES (OR ANY OTHER MESSAGING VENDOR USED BY THE TEXTUS) ASSOCIATED WITH THE TELEPHONE NUMBER (TN) PROVIDED TO US. THE TN TO WHICH THIS AUTHORIZATION SHALL APPLY IS ONLY THE TN SUBMITTED TO US AND PORTED TO THE SERVICE PROVIDER AS A RESULT OF AN LNP (LOCAL NUMBER PORT) TRANSACTION, THAT ARE ASSOCIATED WITH THE SERVICE PROVIDER’S OCNS/RESPORG IN THE LERG AND USED BY TEXTUS IN CONNECTION WITH THE SERVICE PROVIDER’S SERVICES. THE PARTIES AGREE TO WORK IN GOOD FAITH TO ESTABLISH AND REGISTER ALL REQUISITE SERVICE PROVIDER IDENTIFICATION (“SPID”), WITH THIRD PARTY PROVIDERS AND TO RESOLVE ANY TECHNICAL AND OPERATIONAL ISSUES ASSOCIATED WITH THIS
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES, AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES, AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If TextUs makes material changes to the Agreement, we must notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Platform, including the release of new tools or resources, shall be subject to the Agreement. Continued use of the Platform after proper notification via email of any such changes shall constitute your consent to such changes.
VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT.
a. You may not use the Platform and may not accept the Agreement if you are not of legal age to form a contract with TextUs, or you are a person or entity barred from receiving Services under the laws of the United States or other countries including the country in which you or from which you use the Services.
b. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
c. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
3. Description of the Platform
The Platform is a text messaging cloud service. Registered users of the Platform can send, receive, and backup text messages and contacts (“Content”), which will be stored by TextUs. Content created or uploaded to TextUs will be made available on end clients or Services associated with the Platform. Content available on TextUs can be shared with other registered users or non-registered users at your discretion.
4. Payments, Refunds, Upgrading, and Downgrading Terms
a. All Pilot Program Services require a valid credit card at time of registration.
b. TextUs reserves the right to immediately bill you when your Pilot Program is over, unless you request that the accounts be cancelled before the end of the period.
c. Services are billed following any free trial period, in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with a valid or activated account.
d. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
e. For any upgrade or downgrade changes made to your account, your credit card provided by you will automatically be charged the new rate on your next billing cycle.
f. Downgrading your Service may cause the loss of content, features, or capacity of your Account. TextUs does not accept any liability for such losses. However, TextUs is responsible for notifying you of any potential content loss associated with downgrading your Service. If you, after such notice, decide to downgrade your Service, you may request a backup copy of your content from TextUs and TextUs shall provide such backup copy within five (5) business days.
5. Cancellation and Termination
a. You are solely responsible for properly canceling your Account. You can cancel your Account at any time before the end of your contract term, by sending email to Support@TextUs.com. Payments for the balance of your contracted term must be paid in full, before the cancelation will go into effect.
b. All of your Content will be deleted from the Service within five (5) business days of cancellation. This information cannot be restored in the future if you choose to register for the Service in the future. Upon your request, TextUs shall provide you with a backup copy of your content prior to its deletion.
c. If you cancel the Service before the end of your contract term, your cancellation will take effect immediately and will not be charged again.
d. TextUs shall not be liable to you or to any third party due to your Account being cancelled or terminated, including Accounts terminated by TextUs due to violation of the Agreement.
6. Modifications to the Service and Prices
a. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 day notice before the end of the contract period. Such notice may be provided at any time through email.
b. TextUs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. Copyright and Content Ownership
TextUs is a trademark of Text Us Services, Inc.
Unless you have agreed otherwise in writing with TextUs, you may not use any of TextUs trade names, trademarks, service marks, logos, icons, images, domain names, and other distinctive brand features.
c. The look and feel of the Service and the products that
d. We claim no copyright or intellectual property rights over the Content uploaded or created by you within the Service.
8. Account Level Security
a. You are responsible for maintaining the security of your account and password. TextUs cannot and will not be liable for any loss or damage from your failure to comply with security obligation.
b. You agree and understand that you are responsible for maintaining the confidentiality of your TextUs passwords.
c. You agree that you will be solely responsible to TextUs for all activities that occur under your account.
d. If you become aware of any unauthorized use of your password or of your account, you agree to notify TextUs immediately at Support@TextUs.com
10. Exclusion of Warranties
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WITHOUT WARRANTY OF ANY KIND AND TEXTUS HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED
b. TEXTUS DOESN’T REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
11. Limitation of Liability
a. TEXTUS MAY TERMINATE OR MAKE CHANGES TO ALL OR ANY PORTION OF THE SERVICES AT ANY TIME PROVIDED YOU RECEIVE WRITTEN NOTICE OF ANY SUCH TERMINATION OR CHANGE VIA EMAIL BEFORE THE TERMINATION OR CHANGE BECOMES EFFECTIVE.
b. TEXTUS SHALL NOT BE LIABLE TO YOU FOR:
1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
2. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES EXCEPT IN CASES WHERE TEXTUS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT CAUSES SUCH DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED;
3. YOUR FAILURE TO PROVIDE TEXTUS,BIZ WITH ACCURATE ACCOUNT INFORMATION;
4. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
12. General Conditions
TextUs continuously makes changes to the Platform in order to provide the best possible experience for its users. You accept and agree that the form and nature of the Services which TextUs provides may change. Your continued use of the Platform after receipt of written notice via email of any such changes shall constitute your consent to such changes.
a. As part of this constant innovation TextUs may stop providing the Services (or any features within the Services) to you or to users. However, TextUs shall provide you written notice via email before TextUs stops providing the Services (or any features within the Services). You may stop using the Services at any time. If such circumstances arise, TextUs will refund the remaining amount due for the period from cancellation through the end of the Subscription Term within a reasonable amount of time not to exceed ten (10) business days.
b. In order to access certain Services or use them on an ongoing basis, you may be required to provide information about yourself (such as mobile number or contact details) as part of the registration process for the Service, or as part of your continued use of the Platform. You agree that any registration information you give to TextUs will always be accurate, correct and up to date to the best of your knowledge. Failure to provide the correct information after receipt of written notice via email of any such inaccuracies and opportunity to cure any such inaccuracies shall result in account deactivation.
d. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by TextUs, unless you have been specifically allowed to
do so in a separate agreement with TextUs. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of any scripts, web crawlers, spiders, robots, site/search retrieval application) especially for the creation of user accounts.
e. There are currently no limits to the number of transactions (i.e. text messages sent or received, etc.) performed through the TextUs Services or in the amount of storage space used for the provision of any Service. You accept and agree that limits may be set at any time, at TextUs’ discretion, provided that TextUs shall notify you in writing via email of such limits before such limits become effective. There is an enforced “Spamming Policy” that you must adhere to and accept by agreeing to the Terms of Service. There are rules FCC, MMA, and CTIA policy and laws around text messaging spam that will be strictly enforced. Messaging is not limited for inbound and outbound messages. Message flow, inbound and outbound, are throttled as defined by the package purchased. In addition, message ratio must be no more than three outbound messages to one inbound message. You accept and agree that limits may be set at any time, at TextUs’ discretion. There is an enforced Acceptable Use Policy you must adhere to and accept by agreeing to the Terms of Service. There are rules FCC, MMA, and CTIA policy and laws around text messaging spam that will be strictly enforced.
f. Messages shall be deemed to have been delivered when TextUs delivers the messages to the immediate destination, including mobile telephone networks, or any other intermediary server/API that is designated as the point of delivery for the message. TextUs does not guarantee delivery on behalf of mobile carriers.
g. Although TextUs provides extensive text messaging coverage including all major U.S. mobile carriers, TextUs makes no guarantees to its network coverage.
h. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
i. You agree that you will not intentionally or knowingly engage in any activity that interferes with, disrupts, damages, impairs, or disables the Services (or the servers and networks which are connected to the Services).
j. You understand that TextUs uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
k. You agree not to harass or advocate harassment of another person or entity. You agree to never impersonate any person or entity or misrepresent in any way your affiliation with a person or entity. You agree to never send text messages to unknown mobile numbers or to mass text unsolicited persons.
l.Physical, written or other abuse (including threats of abuse or retribution) of any TextUs customer, employee, or member will result in immediate account termination.
13. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
14. You understand that TextUs messaging Services act only as a Platform for users to send text messages to a contact(s) mobile phone and that TextUs does not itself verify the content of messages sent by users or messages received by users. TextUs cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of any text message sent to a mobile number or received by any user. Text message at your own risk.
15. Unless you have been specifically permitted to do so in a separate agreement with TextUs, you agree that you will not modify, adapt, reverse engineer, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
16. You expressly understand and agree that TextUs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TextUs has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
17. You agree that you are solely responsible for (and that TextUs has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TextUs may suffer) of any such breach except under circumstances in which your breach is a result of TextUs’ willful misconduct or gross negligence.
18. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20. TextUs (“TextUs”) shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) made or brought against you by a third party alleging that use of the TextUs Services in accordance with the TextUs Terms of Service and Acceptable Use Policy (i) materially violates any applicable law or regulation, or (ii) directly infringes a copyright, a trademark of a third party or a U.S. patent of which TextUs has knowledge; provided, that Client (a) promptly gives written notice of the claim to TextUs; (b) gives TextUs sole control of the defense and settlement of the claim (provided that TextUs many not settle or defend any claim unless it unconditionally releases you of all liability); (c) provides to TextUs all available information and reasonable assistance.
TextUs Acceptable Use Policy
This document is an extension of TextUs’ Terms of Service and is a part of TextUs overall Agreement.
TextUs provides a text messaging service for customers to extend text messaging beyond the mobile phone. Users of the TextUs Service can send texts from the TextUs Platform via our Web, Desktop, and Tablet apps. Advanced users can use the TextUs API with their TextUs Account. With great power comes great responsibility. By signing up for TextUs you agree to adhere to TextUs’ Terms of Service and Acceptable Use Policy.
Using the TextUs Service for spam will result in your account being deactivated immediately. We take spam and unsolicited messaging very seriously. Text messaging (SMS and MMS) is a regulated medium. There are a number of governing bodies that help to protect the consumer from spam. TextUs builds safeguards into our Service to protect consumers. As a User of the Platform You are also responsible for respecting the governing laws. As a user of TextUs, You are agreeing to be a good citizen of the Platform.
Below are a number of groups, agencies, and nonprofit organizations that help to protect consumers from spam. They also provide general guidelines for using text messaging for anything beyond just a conversation between friends. There are a few philosophies that resonate between all of them.
Content must be age appropriate for all audiences.
Customers should opt-in to receive messages from you if you will be advertising to them or will be sending promotional material to them.
Customers should be able to opt-out of your marketing campaigns or promotional material. That is until the user opts back into the service.
On the initial message to the customer, it is best to provide information on who you are that they can opt out of the service, if they request it.
In an effort to protect all users, you should looks for keywords that denote a user’s intention to opt-out of receiving text messages. Those keywords include, but are not limited to: stop, stopall, block, end, unsubscribe, and quit. Understand that if a message is received from the customer it is your responsibility to comply with that request and use the Opt-out function provided by TextUs to prevent further messages from being sent to that user.
The MMA is focused on the rules and guidelines specific to advertising and marketing over text messages. So if you are a planning a promotional or advertising campaign and leveraging TextUs to pull it off, we suggest that you adhere to the guidelines outlined by the MMA.
Here are a few files most relevant to protecting consumers:
Cellular Telecommunications Industry Association, (CTIA) is a group of U.S. wireless operators and 3rd party service providers that power the text messaging infrastructure. This group also concerns itself with policies to protect the text messaging medium. Text messaging is a medium that spans a large number of service providers. CTIA has worked with the industry leaders to come up with a set of guidelines that help to protect message recipients and text messaging as a communication medium.
Here are a few links with the most relevant information:
Text messages sent to consumers, especially those programmatically sent; have to adhere to guidelines established in the Telephone Consumer Protection Act and the Controlling the Assault of Non- Solicited Pornography and Marketing Act.
Below are some links to an overview of the laws and then the specific laws themselves
Volume of Messages
As a user of TextUs you can easily reach a large quantity of customers very quickly. Similar to the spam policies in place, TextUs will throttle message volume on accounts that may be deemed to be sending spam messages.
Questions or Support:
We understand that there are quite a few rules to read and absorb. If you have any questions, please feel free to reach out to us at support@TextUs.com