Terms of Service

By accessing or using Texter's services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

These Terms constitute a legal agreement between you ("User," "you," or "your") and Texter ("Company," "we," "us," or "our"). These Terms govern your access to and use of our SMS messaging platform, website, and related services.

We may modify these Terms at any time. Material changes will be communicated via email or through our platform. Continued use of our services after changes constitutes acceptance of the modified Terms.

Texter provides a cloud-based SMS messaging platform that enables businesses to send and receive text messages, manage customer communications, and automate messaging workflows.

Service Features

• Two-way SMS messaging capabilities
• Automated messaging and campaign management
• AI-powered message suggestions and responses
• Contact management and segmentation
• Analytics and reporting tools
• Integration with third-party applications
• API access for custom implementations

Service Availability

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible.

Account Creation

To use our services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.

Account Security

• You are solely responsible for all activities under your account
• Notify us immediately of any unauthorized access or security breach
• Use strong passwords and enable two-factor authentication when available
• Do not share account credentials with unauthorized individuals

Account Verification

We may require verification of your identity, business information, or phone numbers before activating certain features. Verification helps prevent fraud and ensures compliance with regulations.

You agree to use our services only for lawful purposes and in accordance with these Terms. Prohibited uses include but are not limited to:

Prohibited Content

• Spam, unsolicited commercial messages, or bulk messaging without consent
• Harassment, threats, or abusive content
• Illegal activities or content that violates applicable laws
• Fraudulent, deceptive, or misleading communications
• Adult content, gambling, or other restricted industries
• Malware, viruses, or harmful code
• Content that infringes intellectual property rights

Compliance Requirements

You must comply with all applicable laws and regulations, including:

• TCPA (Telephone Consumer Protection Act) in the United States
• CAN-SPAM Act and similar anti-spam regulations
• GDPR and other privacy regulations where applicable
• Industry-specific regulations (HIPAA for healthcare, etc.)
• Carrier guidelines and messaging best practices

Consent and Opt-out

You must obtain proper consent before sending messages and provide clear opt-out mechanisms. Recipients must be able to stop receiving messages by replying "STOP" or similar keywords.

Subscription Fees

Our services are available on a subscription basis with different pricing tiers. Current pricing is available on our website and may change with 30 days' notice.

Payment Processing

• Subscription fees are billed in advance on a monthly or annual basis
• Usage-based charges (message credits) are billed monthly in arrears
• Payment is due immediately upon billing
• We accept major credit cards and ACH payments
• Failed payments may result in service suspension

Refunds and Credits

Subscription fees are generally non-refundable. We may provide prorated refunds or service credits at our discretion for service outages or billing errors. Unused message credits do not roll over between billing periods unless specified in your plan.

Price Changes

We may modify pricing with 30 days' written notice. Price changes will take effect at your next billing cycle. You may cancel your subscription if you disagree with price changes.

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Your Data

• You retain ownership of all content and data you upload to our platform
• We process your data only as necessary to provide our services
• You can export your data at any time through our platform
• Upon account termination, we will delete your data within 30 days

Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits. However, no system is 100% secure, and you acknowledge this inherent risk.

HIPAA Compliance

For healthcare clients, we provide HIPAA-compliant services under a separate Business Associate Agreement. Additional security measures and restrictions apply to PHI (Protected Health Information).

Our Rights

Texter and its licensors own all rights, title, and interest in our platform, including software, design, trademarks, and proprietary technologies. These Terms do not grant you any ownership rights to our intellectual property.

Your Rights

You retain ownership of all content you create and upload to our platform. By using our services, you grant us a limited license to use your content solely to provide our services.

Copyright Policy

We respect intellectual property rights and respond to copyright infringement notices under the Digital Millennium Copyright Act (DMCA). If you believe your work has been infringed, contact us at legal@texter.com.

Trademark Policy

You may not use our trademarks, logos, or brand names without written permission. Any use of third-party trademarks must comply with their respective trademark policies.

Service Level Agreement

We strive to maintain 99.9% uptime for our core messaging services. Service level commitments and remedies for outages are detailed in our SLA, available upon request.

Maintenance and Updates

We may perform scheduled maintenance and deploy updates to improve our services. We will provide advance notice when possible and minimize service disruptions.

Service Modifications

We may modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice for material changes that affect core functionality.

Third-Party Dependencies

Our services rely on third-party providers (SMS gateways, cloud infrastructure, etc.). We are not liable for service disruptions caused by third-party failures beyond our control.

Termination by User

You may terminate your account at any time by canceling your subscription through our platform or contacting support. Termination does not relieve your obligation to pay outstanding fees.

Termination by Texter

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay outstanding fees after notice
• Pose a security risk to our platform or other users
• Use our services in ways that harm our reputation or business

Effect of Termination

Upon termination, your access to our services will cease immediately. We will retain your data for 30 days to allow for account reactivation, after which it will be permanently deleted unless legally required to retain it.

Service Warranty

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Excluded Damages

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

Message Delivery

While we strive for reliable message delivery, we cannot guarantee that all messages will be delivered successfully or within specific timeframes due to factors beyond our control.

You agree to indemnify, defend, and hold harmless Texter, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of our services in violation of these Terms
• Your content or communications sent through our platform
• Your violation of applicable laws or third-party rights
• Unauthorized access to your account due to your negligence

This indemnification obligation will survive termination of these Terms and your use of our services.

Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Dispute Resolution Process

Before initiating formal legal proceedings, you agree to first contact us to attempt to resolve disputes informally. If informal resolution fails, disputes will be resolved through binding arbitration.

Arbitration Agreement

Any disputes arising from these Terms or our services will be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Class Action Waiver

You waive any right to participate in class action lawsuits or class-wide arbitrations against Texter. Disputes must be brought individually.

Jurisdiction

If arbitration is not applicable, you consent to the exclusive jurisdiction of state and federal courts in San Francisco County, California.

Entire Agreement

These Terms, along with our Privacy Policy and any applicable addenda, constitute the entire agreement between you and Texter regarding our services.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations to any successor entity.

Force Majeure

Neither party will be liable for delays or failures due to circumstances beyond their reasonable control, including natural disasters, government actions, or third-party service failures.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

Notice Requirements

Legal notices must be sent to legal@texter.com or our registered address. We may provide notices through our platform, email, or postal mail.

For questions about these Terms of Service, please contact us:

Legal Department

Email: legal@texter.com Mail: Texter Legal Department 123 Tech Street, Suite 400 San Francisco, CA 94105 United States

Customer Support

For general support questions: Email: support@texter.com Phone: +1 (555) 123-4567 Support Hours: Monday-Friday, 6 AM - 6 PM PST