TextUs.Biz – Terms of Service

Text Us Services Inc. (dba. TextUs.Biz) provides services including: ”TextUs.Biz”, and may be referred to in this agreement as “we”, “our”, or “us”.

1.     Your Relationship With TextUs.Biz

By using the TextUs.Biz (“Website”), our mobile, desktop, iOS and Android apps (our “Apps”) and all related end clients, tools, applications, data, software, APIs and other services provided by TextUs.Biz (the “Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

These Terms of Service, together with our Privacy Policy and Spamming Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and TextUs.Biz in relation to your use of the Website, Apps, and Services (together, the “Platform”).

2.     Accepting the Agreement

By accepting this agreement you authorize Text Us Services, Inc (“TextUs.Biz”) 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’s messaging “Vendor”, SAP Mobile Services (or any other messaging vendor used by the TextUs.Biz) 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 authorization.

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.Biz makes material changes to the Agreement, we may or may not 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 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.Biz, 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.Biz. Content created or uploaded to TextUs.Biz will be made available on end clients or Services associated with the Platform. Content available on TextUs.Biz can be shared with other registered users or non-registered users at your discretion.

4. Payments, Refunds, Upgrading, and Downgrading Terms

a.     All premium Services require a valid credit card at time of registration, or as otherwise agreed to between the parties. Free accounts are not required to provide a credit card.

b.     TextUs.Biz reserves the right to immediately bill you when you upgrade to a premium service plan, if applicable.

c.     Services are billed following any free trial period, in advance on a monthly basis and are non-refundable, unless otherwise agreed to in writing.

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 or other agreed to billing method will automatically be charged the new rate on your next billing cycle.

5. Cancellation and Termination

a.     You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is required for cancellation.

b.     Unless otherwise agreed to in writing, all of your Content will be immediately deleted from the Service within 30 days of cancellation. This information cannot be restored in the future if you choose to register for the Service in the future.

c.     If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

d.     TextUs.Biz shall not be liable to you or to any third party due to your Account being cancelled or terminated, including Accounts terminated by TextUs.Biz due to violation of the Agreement.

6. INTENTIONALLY DELETED
7. Copyright and Content Ownership

a.     “TextUs.Biz Receptionist” is a trademark of Text Us Services, Inc.

b.     Unless you have agreed otherwise in writing with TextUs.Biz, you may not use any of TextUs.Biz’s 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 considered within the TextUs.Biz Platform are copyrighted © 2015 Text Us Services Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission by TextUs.Biz.

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.Biz 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.Biz passwords.

c.     You agree that you will be solely responsible to TextUs.Biz 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.Biz immediately at support@TextUs.Biz.

9. Privacy Policy and Your Personal Information

TextUs.Biz greatly respects your desire for privacy. Our Privacy Policy is written with your interests in mind. For more information on how we handle and protect your data please read a copy of the policy. By using TextUs.Biz services you are consenting to the terms of our Privacy Policy.

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.BIZ HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED

b.     TEXTUS.BIZ 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.BIZ MAY TERMINATE OR MAKE CHANGES TO ALL OR ANY PORTION OF THE SERVICIES AT ANY TIME AND WITHOUT NOTICE OR LIABILITY.

b.     TEXTUS.BIZ 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;

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.Biz 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.Biz provides may change without prior notice. Continued use of the Platform after any such changes shall constitute your consent to such changes.

a.     As part of this constant innovation TextUs.Biz may stop providing the Services (or any features within the Services) to you or to users at TextUs.Biz’s sole discretion, without prior notice to you. You may stop using the Services at any time.

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.Biz will always be accurate, correct and up to date. Failure to provide the correct information shall result in account deactivation.

c.     You accept and agree that for any reason TextUs.Biz may disable your account and prevent you from accessing the Platform, your account details or any data (i.e., messages, etc.) contained or associated with your account.

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.Biz, unless you have been specifically allowed to do so in a separate agreement with TextUs.Biz. 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.Biz 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.Biz’s discretion.  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.Biz’s 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.Biz 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.Biz does not guarantee delivery on behalf of mobile carriers.

g.     Although TextUs.Biz provides extensive text messaging coverage including all major U.S. mobile carriers, TextUs.Biz 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 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.Biz 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.     Verbal, physical, written or other abuse (including threats of abuse or retribution) of any TextUs.Biz 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.Biz messaging Services act only as a Platform for users to send text messages to a contact(s) mobile phone and that TextUs.Biz does not itself verify the content of messages sent by users or messages received by users. TextUs.Biz 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 or using our documented API with TextUs.Biz, 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.Biz 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.Biz 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.Biz 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.Biz may suffer) of any such breach.

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.

19.     The failure of TextUs.Biz to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between you and TextUs.Biz and governs your use of the Service, superseding any prior agreements between you and TextUs.Biz (including, but not limited to, any prior versions of the Terms of Service, Privacy Policy, Spamming Policy). You agree that these Terms of Service and Your use of the Service are governed under Colorado State law.

20.     Your relationship with TextUs.Biz under the Terms, shall be governed by the laws of the State of Colorado. You and TextUs.Biz agree to submit to the exclusive jurisdiction of the courts located within the county of Boulder, Colorado to resolve any legal matter arising from the Terms. You agree that TextUs.Biz shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

21.     You shall defend TextUs.Biz against any claim, demand, suit or proceedings made or brought on against TextUs.Biz by a third partying alleging that Your Content or Your use of the Service in violation of this Agreement, infringes or violates applicable law, and shall indemnify TextUs.Biz of any damages finally awarded against and for the reasonable attorney’s fees incurred by, TextUs.Biz in connection with any such claim, demand, suit or proceeding; provided, that TextUs.Biz (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases TextUs.Biz of all liability); and (c) provide to You all reasonable assistance, at Your expense.

22.     Questions about the Agreement should be sent to support@TextUs.Biz

TextUs.Biz Acceptable Use Policy

This document is an extension of TextUs.Biz’s Terms of Service and is a part of TextUs.Biz’s overall Agreement.

TextUs.Biz provides a text messaging service for customers to extend text messaging beyond the mobile phone. Users of the TextUs.Biz Service can send texts from the TextUs.Biz Platform via our Web, Desktop, and Tablet apps. Advanced users can use the TextUs.Biz API with their TextUs.Biz Account. With great power comes great responsibility. By signing up for TextUs.Biz you agree to adhere to TextUs.Biz’s Terms of Service and Acceptable Use Policy.

Spam

Using the TextUs.Biz 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.Biz 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.Biz, 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.

1.    Contacts should have provided their contact information to you with the understanding that they many be contacted by voice call, email or text message.

2.    Customers should be able to call the message sender and verbally request to be opted out

3.    Customers should be able to opt-out of your contact list(s) by texting back their request to be opted out

4.     On the initial message to the customer, it is best practice to provide information on how they can opt out of the service.

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.Biz to prevent further messages from being sent to that user.

Cellular Telecommunications Industry Association, CTIA

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:

1.     http://www.ctia.org/business_resources/wic/index.cfm/AID/12056

2.     http://files.ctia.org/pdf/SMS_Interoperability_Guidelines_V3-2-AsAdopted.pdf

The CSCA is an organization that helps businesses fulfill their texting needs and with the help of CTIA has come up a rule set that addresses concerns of programs texting wireless customers. Similar to CTIA, the CSCA expands the best practices of the industry and helps to apply it to text messages generated programmatically rather than peer-to-peer, like when a mobile phone user texts another mobile phone user.

Volume of Messages

As a user of TextUs.Biz you can easily reach a large quantity of customers very quickly. Similar to the spam policies in place, TextUs.Biz will throttle message volume on accounts deemed to be sending spam messages.