TextMe, Inc. End User License
Agreement (ÒEULAÓ) and Terms and Conditions
Last updated on September 23, 2015
GENERAL TERMS AND CONDITIONS
________________________________________________________________________________
TERMS OF SERVICE
TextMe, Inc. is a
company providing a range of communication products, services, including but
not limited to text messaging and calling services, and websites, which operate
under the names of TextMe, FreeTone, TextMeUp, and TopTopUp (thereafter
ÒProducts and ServicesÓ). For
purposes of this Agreement, TextMe, Inc., its subsidiaries, affiliates (if
any), and all product lines are interchangeably designated as ÒTextMeÓ, ÒWe,Ó
ÒOurÓ or ÒUsÓ.
All users of the
Products and Services are subject to the following Terms and Conditions, Refund
Policy, and Privacy Policy (thereafter ÒT&CÓ) without modification of any
terms set forth herein. As set forth
below, this Agreement is a binding contract between you and TextMe and it
explains your rights and obligations when you use or download any of Our
Products and Services and any information, text, graphics, photos or other
materials uploaded, downloaded, or appearing in the Products and Services
(thereafter ÒContentÓ).
If you are downloading
one of Our apps, by clicking ÒAGREE TOÓ language as part of the installation
process you acknowledge, accept and agree to be bound by this Agreement in
connection with your use of both the app and TextMe.
As detailed below, a key
component to Our Products and Services include advertisements, which may be
targeted to the Content or information you provide, the Services you use, or
other information. The types and extent of advertising are subject to
change. In consideration for your
use and access to TextMe Products and Services, you agree that TextMe and its
third party providers and partners may advertise in conjunction with your use
(subject to the restrictions below and in our Privacy Policy). See TextMeÕs
Privacy Policy at: Privacy Policy
As part of Our services,
we may need to provide you with certain communications, such as service announcements
and administrative messages.
Charges may apply from your telephone operator/carrier or Internet
service provider and TextMe is not responsible for such charges.
COMMENTS AND SUGGESTIONS
Any comments regarding
this T&C should be directed to contact@go-text.me.
AGREEMENT TO BE BOUND
Please take time to read
and familiarize yourself with these T&Cs as they will apply to your access
and use of TextMe Content, Products and Services and constitute a binding
agreement between you and TextMe.
YOU MAY ONLY USE OUR PRODUCTS AND SERVICES IF YOU ARE ABLE TO FORM A
BINDING CONTRACT WITH TEXTME. IF
YOU DO NOT AGREE TO THE TERMS OF SERVICE BELOW, PLEASE DO NOT USE THE TEXTME
WEBSITE, PRODUCTS OR SERVICES OR DOWNLOAND OR USE ANY TEXTME APPLICATIONS. TextMe may revise and update these
T&C at any time and without notice by publishing the new T&C on the
TextMe website or within TextMe Products and Services. Continued usage of TexMe
Products and Services constitutes acceptance of any amended terms in the
T&C. The version of the T&C
most currently published supersedes any prior T&C, and can be viewed at: Terms & Conditions
ABILITY TO ENTER INTO THIS AGREEMENT
Our Products and
Services are only available to individuals who are at least thirteen (13) years
old. If you are 13 or older but under 18 years of age, you must have your
parent or legal guardianÕs permission to use or purchase products and services
and to accept the T&C. By using
Our Products and Services, you represent that you are at least 13 years of age
and otherwise able to enter into a valid and binding legal agreement and
acknowledge that the T&C constitute a valid, binding agreement between you
and Us, under and pursuant to California law.
Additionally, by
clicking the Ç SignUp È button within any of Our Products and Services, you (a)
represent to Us that you are not a person barred from using TextMe services in
the United States, nor in any relevant jurisdiction for you; and (b) agree with
the T&C, Refund Policy, and TextMe Privacy Policy included for reference in
the T&C; and (c) become bound by the these agreements. Terms & Conditions Privacy Policy Refund Policy
If at any time you do
not agree with the T&C, Refund Policy, or Privacy Policy, or any amended or
updated versions thereof, or if you become dissatisfied with Our Products and
Services in any way, your sole remedy is to discontinue the use of TextMe
Products and Services. You can
delete your account and uninstall the TextMe application from your device. If you need assistance please contact Us
at contact@go-text.me.
LICENSE
If you agree to these
T&C, We hereby grant you a non-transferable, non-exclusive license for the
access and use of Our Content, Products and Services. Any software application or product is
licensed, not sold to you. You
acknowledge the use of this license is subject to limitations listed in the
T&C and that if you do not comply with any of these limitations, TextMe may
terminate the license without notice, at no cost to TextMe, and without any
liability to TextMe.
You acknowledge and
agree that any and all copyrights, patents, trademarks, trade secrets and other
intellectual property rights associated with the license are, and shall remain,
the property of TextMe. You
acknowledge that the use of TextMe Products and Services does not grant any
title or property rights for any part of TextMe Products and Services.
You shall use any TextMe
application strictly in accordance with this and any other related
agreements. This limited license
does not include any right to modify, distribute, prepare derivative works of,
or grant sublicenses. Further, you
agree that you will not decompile, disassemble or reverse engineer any
software/licensed product of Ours.
COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY
INFORMATION
The Content, Products
and Services provided by TextMe (including, but not limited to: all data,
software, IP, design, image, audio, video, and business process) are
protectable intellectual property of TextMe and protected by US and
international laws. You may only use the content, names, and other intellectual
property (including copyright and trademarks) provided by Us for purposes
directly related to your role as a customer, current or prospective, of TextMe
Products and Services.
You may not copy,
display, modify or use the TextMe, FreeTone, or TopTopUp name, logo, and
trademarks for commercial or non-commercial purposes without the express
written permission of TextMe.
You are not authorized
to use TextMe trademarks in any advertising, publicity, or in any other
commercial manner without Our prior written consent.
RIGHT TO IMPOSE FEES OR CHARGE
TextMe reserves the
right to charge for its Products and Services in its sole discretion. TextMe reserves the right to change
pricing and modify or discontinue any of its Products and Services, at any time
and without notice. TextMe commits
to notify you of the pricing at the time and before completion of
purchase. By using the Products and
Services, you are accepting the rates charged at the time of use.
SUBSCRIPTIONS
We may offer our
Products and Services via subscription billing. Subscriptions will be offered in
periodic intervals of time such as one month or one year. The subscription interval will be
displayed when you confirm your subscription. After you confirm your subscription, the
subscription will automatically renew on a periodic basis until canceled.
In order to cancel your
subscription, you must login to the App Store or iTunes (for iOS users) or
Google Play Store (for Android users).
Once you have subscribed, you cannot cancel your subscription from
within our Products and Services.
Subscriptions are billed
on a prepaid basis. Each
auto-renewal of a subscription is an acceptance of the terms of the
subscription for the prepaid period.
If you cancel your subscription, your access will end at the end of the
prepaid period. Subscriptions
cannot be refunded or pro-rated.
If you have any
questions regarding your subscription, please contact us at contact@go-text.me.
MODIFICATIONS TO AND TERMINATION OF ALL OR PART
OF THE SERVICES
TextMe reserves the
right, without any liability of any kind to TextMe, to modify, block or
terminate all or part of the Products and Services provided by TextMe to you at
any time, with or without cause, with or without notice, effective
immediately. TextMe also reserves
the right to periodically make updates or interrupt service as it deems
appropriate.
If at any time you do
not agree with the T&C, Refund Policy, or Privacy Policy, or any amended or
updated versions thereof, or if you become dissatisfied with Our Products and
Services in any way, your sole remedy is to discontinue the use of TextMe
Products and Services. You can
delete your account and uninstall the TextMe application from your device. If you need assistance please contact Us
at contact@go-text.me.
PAYMENTS AND ACCOUNTS
In order to use TextMe
Products and Services, you will be required to provide data about yourself
(thereafter ÒAccount DataÓ), including but not limited to your name, telephone
number, email address, location, payment information, device type, and a
password that you create. It is
your responsibility to keep your Account Data safe, secure, and
confidential. It is your
responsibility to select a password that is secure and strong. We recommend choosing a password that is
difficult for others to predict by creating an unlikely combination of letters,
numbers, and symbols, and that is unique from other passwords you may use
online.
In the case of any
unauthorized use of your Account Data, including if the device from which you
use the Products and Services is lost of stolen, you agree to notify TextMe of
such occurrence immediately upon becoming aware.
TextMe does not store
credit card numbers on Our servers for any purpose.
You represent that any
Account Data you provide is true, complete, accurate, and is not
fraudulent. You commit to update
your Account Data as necessary. You
acknowledge and agree that TextMe may unilaterally suspend your access to Our
Products and Services, temporarily or indefinitely and at any time in the case
that We suspect the provided Account Information is not true, complete, and
accurate, or if We suspect that is may be fraudulent, as solely determined by
TextMe with good reason and under good faith.
You consent to the
disclosure of any such Account Information to legal authorities under a validly
issued subpoena. See TextMeÕs
Privacy Policy at: Privacy Policy
TextMe is not
responsible for: the security of your Account Data, unauthorized or fraudulent
use of your Account Data, or any authorized, unauthorized, or fraudulent
payments made with your Account Data.
TextMe is not
responsible for fraudulent use of your credit card under any
circumstances. Should a fraudulent
charge be made with your Account Information, TextMe is not responsible to
provide refunds. Please contact
your credit card issuer. Please see
our Refund Policy at: http://go-text.me
Purchasing and/or
attempting to purchase products or services via fraudulent methods is a
criminal offense. We employ various
methods, both automatic and manual, to review payment transactions for fraud
detection purposes and to authorize payment transactions when appropriate. TextMe is not responsible if the credit
cardÕs issuing bank does not authorize payment transactions. We reserve the right to contact you
directly in order to validate a payment transaction if we deem it to be
necessary. Charges may apply from
your telephone operator/carrier or Internet service provider and TextMe is not
responsible for such charges.
You consent to Our
tracking of all payment transactions.
We may track the following, but not limited to: your IP address and
Account Information. You consent to
the disclosure of any such information to legal authorities under a validly
issued subpoena or when required to prosecute individuals attempting to commit
fraud within any of Our Products and Services.
USER RESPONSIBILITIES & CODE OF CONDUCT
By use of the Content,
Products and Services, you agree you will use TextMe Content, Products and
Services only for yourself and for lawful non-commercial purposes and in
compliance with any relevant law applicable to you.
You may only use the
Content, Products and Services in the course of your normal usage as a
customer, current or prospective.
Any Content or materials
distributed by you or any other user is not representative of Our opinions
including those of Our employees.
TextMe, in its sole discretion, may refuse or remove any
Content/materials that in TextMeÕs sole opinion violates any TextMe policy or
is objectionable, or may terminate or deny your access to Our Products and
Services.
You agree not to use any
automatic device to access TextMe Products and Services, nor use any device or
software to access TextMe Products and Services that may impair the proper usage
of TextMe Products and Services.
In addition, you will
not access nor use TextMe Products and Services to do any of the
following:
¥ Copy,
distribute, transfer in any manner, including, but not limited to, translating,
decompiling or disassembling the source code for TextMe Contents, Products and
Services;
¥ Circumvent
security features or usage rules of TextMe Contents, Products and
Services;
¥ Copy or
alter any of the TextMe or TextMe partnersÕ designs, notices, logos or any
other proprietary rights displayed or used in the context of TextMeÕs website,
or Products and Services.
You acknowledge and
agree that for purposes of the Telephone Consumer Protection Act (TCPA), you,
and not TextMe, are the call or text message initiator such that if a claim is
brought under the TCPA, you, as the call or text message initiator, would face
potential liability for any alleged violations of the TCPA.
RIGHT TO ADVERTISE
You acknowledge and
agree with the TextMe policy to provide you with advertisements, including
targeted advertisements, either directly or via its partnerships with
advertisement providers, such as ad networks, (thereafter ÒTextMe Commercial
PartnersÓ) to be displayed on any device you use to access and operate the
TextMe Products and Services.
You acknowledge and
agree that TextMe cannot be held liable for any characteristic of the
advertisement displayed by TextMe or any of Our Commercial Partners including
accuracy, appropriateness, or compliance with any rule and regulation you may
be subject to.
Should you subscribe to
any TextMe Product and Service with a Òlifetime no adÓ or Òno adÓ feature,
TextMeÕs right to advertise will lapse during your personal usage of the said
TextMe product to which you have subscribed. You acknowledge that TextMeÕs right to
advertise will remain unchanged on any TextMe products without the Òlifetime no
adÓ or Òno adÓ feature to which you have subscribed.
RIGHT TO DELIVER AND SEND COMMERCIAL MESSAGES
You agree to receive
commercial messages from TextMe or TextMe Commercial Partners on any device you
use to access and operate TextMe Products and Services and which may be based
on characteristics derived from information explicitly or implicitly provided
by you to TextMe, such as your location, and which will be treated according to
our Privacy Policy. See TextMeÕs
Privacy Policy at: Privacy Policy
Commercial messages are
messages sent to your TextMe telephone number, account or email addresses for
commercial purposes for TextMe or TextMe Commercial PartnersÕ products and
services. Commercial messages sent
by TextMe or TextMe Commercial Partners to your email address will include a
one-click opt-out option.
To the extent that
administrative texts are sent by TextMe to any group members relating to using
and canceling TextMeÕs group texting service, they are to be considered normal
business communications under applicable law.
DISCLAIMER OF WARRANTIES
Your use and access to
Our Content, Products and Services is at your own risk. You acknowledge and agree that Our
Content, Products and Services are provided to you on an ÒAS ISÓ and ÒAS
AVAILABLEÓ basis.
TEXTME, ITS RELATED
ENTITIES, AFFILIATES AND SUBSIDIARIES, EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS, LICENSORS AND SUPPLIERS, SERVICE PROVIDERS, CONTENT PROVIDERS,
THIRD-PARTY PROVIDERS AND CONTRACTORS, AND ITS PARTNERS DISCLAIM ALL WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, TITLE AND
NON-INFRINGEMENT OF ANY RIGHT, RULE, REGULATION, OR LAW. TEXTME MAKES NO WARRANTY AND DISCLAIMS
ANY RESPONSIBILITY AND LIABILITY FOR AVAILABILITY, ACCURACY, SECURITY,
RELIABILITY, AND UNINTERRUPTABILITY OF CONTENTS, PRODUCTS OR SERVICES. YOU ARE USING THESE SERVICES AND
PRODUCTS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE OR
LIABLE FOR ANY LOSS OF DATA, DAMAGE OR HARM TO ANY OF YOUR DEVICES USED TO USE
OR ACCESS TO TEXTME CONTENTS, PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM TEXTME OR THROUGH OR FROM ITS PRODUCTS OR
SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF
WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER TEXTME NOR ITS RELATED ENTITIES AND
SUBSIDIARIES, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, AFFILIATES, LICENSORS
AND SUPPLIERS, SERVICE PROVIDERS, CONTENT PROVIDERS, THIRD-PARTY PROVIDERS AND
CONTRACTORS, NOR ITS PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENCIAL, OR EXAMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RESULTING
FROM YOUR USE OF TEXME PRODUCTS OR SERVICES, INCLUDING FAILING TO STORE,
FAILING TO TRANSMIT, DELETING OR FAILING TO DELETE ANY INFORMATION GENERATED,
DOWNLOADED, UPLOADED OR TRANSMITTED ON TEXTME PRODUCTS AND SERVICES. THIS ALSO INCLUDES ANY ALLEGED DAMAGES
ARISING IN CONNECTION WITH YOUR USE OF, OR FAILURE TO USE THE CONTENTS,
PRODUCTS AND SERVICES OF TEXTME OR ANY LINKED SITE.
IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF TEXTME AND ITS RELATED ENTITIES AND SUBSIDIARIES,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, AFFILIATES, LICENSORS AND SUPPLIERS,
SERVICE PROVIDERS, CONTENT PROVIDERS, THIRD-PARTY PROVIDERS AND CONTRACTORS,
NOR ITS PARTNERS, OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE AMOUNT YOU HAVE PAID TO TEXTME FOR THE APPLICABLE CONTENTS, PRODUCTS
OR SERVICES OUT OF WHICH LIABILITY AROSE OR ONE HUNDRED DOLLARS U.S.
($100). THE LIMITS OF LIABILITY SET
FORTH HEREIN APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS
ESSENTIAL PURPOSE.
TO THE EXTENT THAT IN
ANY RELEVANT JURISDICTION ANY OF THE ABOVE TEXTME DISCLAIMERS OR LIMITATIONS OF
LIABILITY ARE NOT PERMITTED, YOU ACKNOWLEDGE AND AGREE THAT ANY LIABILITY (AND
DAMAGES) ASSESSED TO TEXTME WILL BE LIMITED TO THE LOWEST AMOUNT AND SCOPE LEGALLY
PERMISSIBLE IN THE RELEVANT JURISDICTION.
INDEMNIFICATION
You agree to indemnify
and hold harmless TextMe, its related entities and subsidiaries, employees,
agents, officers and directors, affiliates, licensors and suppliers, service
providers, content providers, third-party providers and contractors, and
Commercial Partners from and against any and all claims and expenses, including
attorneysÕ fees, arising out of your use of TextMeÕs Products and Services, including
but not limited to: (i) the text messaging and calling functionalities; and
(ii) any breach or violation of these T&C.
TextMe strongly
recommends against using the Contents, Product and Services while driving. You agree and hold harmless TextMe, its
related entities and subsidiaries, employees, agents, officers and directors,
affiliates, licensors and suppliers, service providers, content providers,
third-party providers and contractors, and Commercial Partners from and against
any and all damages resulting thereof.
THIRD PARTY SERVICES AND PRODUCTS
TextMe Products and
Services may interface or be used with third-party products and services. TextMe makes no representation or
warranty as to the reliability, security, or performance of any third-party
services or products. TextMe does
not endorse any of the contents, products or services made available by those
third parties and you acknowledge TextMe cannot not be held liable for use, or
failure to use, said contents, products or services.
Your use of such
third-party contents, products or services is subject to the relevant terms and
conditions to be entered into with each of those third parties. In the event action is needed to ensure
continuity of those said third-party services, it is your sole responsibility
to conduct those actions and you acknowledge TextMe cannot be held liable for
failure to conduct those actions.
THIRD PARTY RATE PLANS
TextMe is not
responsible for voice, messaging, data, Internet, or WiFi charges assessed by
mobile operators/carriers or Internet service providers and incurred when
accessing TextMe Products and Services.
Such charges are the sole responsibility of the user.
PRIVACY POLICY
TextMeÕs use of
information generated, downloaded, uploaded or transmitted in its Products and
Services is described in the Privacy Policy, which is the subject of a separate
document and incorporated herein by reference. PLEASE READ AS YOU ARE ALSO BOUND BY THE
PRIVACY POLICY - Privacy Policy
CHOICE OF FORUM AND APPLICABLE LAW
TextMe, Inc. is
incorporated in the State of Delaware and operates under the laws of the United
States. TextMe makes no representation that its Products and Services can be
used outside the United States. It
is your responsibility to assess whether you can use Our Products and Services
in any relevant jurisdiction and you agree to comply with the export and import
laws and regulations of the United States and other applicable countries.
The laws of California
shall govern the T&Cs and you agree to submit to the jurisdiction of
California courts, which shall be the exclusive venue and jurisdiction for any
and all disputes, claims or demands.
MISCELLANEOUS
The T&Cs constitute
the entire agreement between TextMe and you concerning the subject matter
herein and the T&Cs can only be modified by a written amendment signed by
an authorized executive of TextMe or by Our posting of a revised or amended
version of the T&Cs and/or Refund Policy and/or Privacy Policy on our
website at http://go-text.me. You
agree that any notice, agreements, disclosure or any other communications that
we send you electronically (including via text and email) will satisfy any
legal communication requirements.
If any part of the T&Cs is unenforceable, the unenforceable part
shall be construed to reflect, as nearly as possible, the original intentions
and the other provisions of these T&Cs shall remain in full force and
effect.
TextMeÕs failure to
insist upon or enforce strict performance of any provision of the T&Cs
shall not constitute a waiver of the provision. Neither a course of dealing or conduct
between you and TextMe nor any trade practices shall be deemed to modify the
T&Cs. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
TextMe as a result of this agreement or use of TextMe Products and Services. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. Notwithstanding the foregoing, any
additional terms and conditions on this site will govern the items to which
they pertain. TextMe may revise the
T&Cs at any time by updating this posting.
VOICE & TEXTING SERVICES ADDENDUM
In addition to the
TextMe, Inc. End User License Agreement, Privacy Policy, Refund Policy, and
above Terms and Conditions all of which are incorporated herein by reference
the following applies to those users who are or will subscribe to voice or
texting Services
________________________________________________________________________________
USER RESPONSIBILITIES & CODE OF CONDUCT
You agree not to use any
automatic device to access Our Products and Services nor use any device or
software to access Our Contents, Products and Services that may impair the
proper usage of TextMe Contents, Products or Services.
You agree that if you
operate a group, post material to one, or otherwise make content / material
available by means of any TextMe Product or Service, you are entirely
responsible for the content of, and any harm or liability resulting from that
material. By using TextMe Products
and Services, you assume responsibility for said use and agree not to use it in
a manner not explicitly authorized by TextMe.
Using TextMe Products
and Services means that you will:
á
Only send
messages or call people from whom you have received prior express consent to
receive text messages or calls from you, including any members of any group;
and
á
Comply with
all applicable laws and regulations.
You will not use the
TextMe Products and Services to do any of the following:
á
Transmit any
communication, content, or message that is obscene, violent, harassing,
indecent, fraudulent, defamatory, libelous, pornographic, or contains threats
or incites violence towards any person or entity
á
Violates any
third-partyÕs legal rights such as, but not limited to, copyrights, rights of
privacy or rights of publicity;
á
Operate
TextMe Products and Services under a false identity or by impersonating any
person or third-party entity;
á
Generate and
distribute bulk mail, spam, chain-linked messages, calls or any similar content
including any such activity that violates any FTC or FCC regulations.
á
Use or
landing any automated system, including without limitation, "robots,"
"spiders," "offline readers," etc. or "load
testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode
Automator, Android Monkey, etc., that accesses the Service in a manner that
sends more request messages to Our servers in a given period of time than a
human can reasonably produce in the same period by using any TextMe
application, and you are forbidden from ripping the content unless specifically
allowed.
á
Use the
Products and Services to send automated queries to any website or to send any
unsolicited commercial email, unsolicited text message, whether commercial or
non-commercial, or to place unsolicited calls, whether commercial or
non-commercial;
á
Generate,
upload or transmit any kind of file containing a virus, worm, malware, Trojan
horses or other harmful or destructive content, or any data having for effect
to impair, limit, or affect the usage of TextMe Products and Services or any
third-party product or services;
á
Advocate
illegal activities, and more generally discuss an intent to commit illegal
activities including phishing or mislead recipients as to the source of the
material (such as spoofing);
á
Engage in
activities leading to, or intending to (a) collect data, including personal
information regarding other TextMe users without their consent, or TextMe
partners without their consent, and more generally, any data stored within
TextMe storage units and not made available to you by TextMe during the normal
use of our Products and Services; (b) deny, disrupt or impair the usage of
TextMe Contents, Products and Services by other TextMe users other than
yourself; (c) intercept content and material generated or transmitted to or
from TextMe users and not destined to you;
á
Generate,
download, upload or transmit, whether by voice or text message, any kind of
advertisement or solicitations of commercial activities;
á
Generate,
download, upload or transmit any data, file or software which cannot be
generated, downloaded, uploaded or transmitted within the United States or any
relevant jurisdiction for your usage of the TextMe Products and Services.
VOICE FEATURES AND LIMITATIONS
Calls and texts made to
other TextMe users within TextMe Products and Services may be free. Calls and texts made outside of the
TextMe network may require payment.
Payment required will be displayed at the time of the call or text.
In certain cases, our
Products and Services may offer unlimited free calls. Calls to Hawaii, Alaska,
and some specific carriers or territories may be excluded from the unlimited
free calls offer in the United States.
Credits used are applied
and charged in increments of one minute, and are rounded up to the next minute.
TextMe voice features
may be limited, suspended, blocked or restricted by geography, number,
duration, or other criteria as determined solely by TextMe at any time in its
sole discretion.
You acknowledge the
right for TextMe to suspend all or part of TextMe voice or texting feature
service at no liability to TextMe if your usage of TextMe Products and Services
is inconsistent with normal use.
TextMe will assess
whether your usage is inconsistent with normal use notably by comparing it with
other usersÕ usages of TextMe Products and Services. Examples of usages inconsistent with
normal use include, but are not limited to:
á
Operation of
a business, a marketing campaign, a non-profit organization or a governmental
organization, a call center;
á
Resale or
attempt to resell TextMe voice features to third parties;
á
Operation of
any automated operated service
USE OF TEXTME PRODUCTS AND SERVICES
You acknowledge that you
are solely responsible for any content you generate, download, upload or
transmit, and in particular, you are solely responsible for any of its
characteristics, including, but not limited to, its legality, appropriateness
and integrity.
By generating,
downloading, uploading or transmitting any content on TextMe Products and
Services, you acknowledge that you have full legal and moral rights to use this
content within TextMe Products and Services and you grant to TextMe the right
to use this content in any manner TextMe chooses.
Any opinion in any
content generated, uploaded, downloaded or transmitted by you on TextMe
Products and Services is solely your own and under your sole
responsibility. You acknowledge
TextMe cannot be held liable for any opinion generated, uploaded, downloaded or
transmitted by you on TextMe Products and Services.
TextMe reserves the
right to remove, at no liability to you, any content posted on TextMe Products
and Services at Our sole discretion.
You also acknowledge that TextMe does not have any liability or
responsibility to anyone for failing to remove any content from its Products
and Services.
You consent to allow
TextMe to associate personal information such as contact names, aliases,
telephone numbers, emails, or any unique identification tag from your device
for messages you send and receive, provided that TextMe will not use such
information for any other purpose, except as discussed herein and in Our
Privacy Policy. You consent to the
disclosure of any such information to legal authorities under a validly issued
subpoena. See TextMeÕs Privacy
Policy at http://go-text.me
SHORT MESSAGE SERVICE (SMS), MULTIMEDIA MESSAGE
SERVICE (MMS), VOLUME LIMITATIONS
In certain countries,
TextMe Products and Services may enable TextMe users to send and receive SMS
and MMS at no charge to TextMe users.
We do not make any representations as to what occurs or is offered in
other countries outside of the U.S.
TextMe users acknowledge
and agree that in case of excessive use of either SMS or MMS, TextMe may (a)
notify the user of the excessive use, and (b) unilaterally suspend temporarily
or indefinitely TextMe Product and Services at no cost to TextMe and without
TextMe being liable for the suspension or (c) propose to charge for the SMS and
MMS at a price to be decided by TextMe at the time.
Excessive use of SMS or
MMS is defined as (a) sending more than a total of five hundred SMS or MMS per
twenty-four-hour period; (b) an excess of more than one hundred SMS or MMS sent
by user compared to SMS or MMS received by the same user over a period of
thirty days; or (c) any other internal metric developed by TextMe in its sole
discretion to identify excessive use.
LIMITATIONS ON USE & CAPABILITIES OF TEXTME
PRODUCTS & SERVICES INCLUDING EMERGENCY 911 SERVICE
You acknowledge and
agree that TextMe and its Products and Services do not replace your fixed or
wireless telephone and that TextMe Products and Services may be limited,
suspended or restricted by geography, volume, duration or any criteria decided
by TextMe at Our sole discretion and without liability to TextMe. You
acknowledge that access to voice transmission networks is not provided by
TextMe.
You acknowledge and agree that TextMe Products
and Services cannot be relied upon for emergency calls (e.g., 911) and that it
is your sole responsibility to subscribe to such emergency call services if you
desire those services. You are solely
responsible for any and all emergency call issues.
You may receive one
telephone number attributed to you by TextMe for the use of TextMe Products and
Services. You agree to comply with
any United States law or regulation, as well as any law or regulation you may
be subject to any other country with regard to the use of the telephone number
allocated to you by TextMe. You
acknowledge and agree that the telephone number attributed to you by TextMe will
not be ported outside of the TextMe Products and Services. Number portability may result in
additional fees being charged to your account, to the extent legally possible.
TextMe may reclaim this
telephone number and discontinue its availability to you at any time and
without liability to TextMe.
Furthermore, in the event of termination of this T&C, and/or the
termination of use of Our Products and Services, TextMe will reclaim, without
notice and at no cost to TextMe, the telephone number attributed to you.
You acknowledge that
TextMe Products and Services will not support short code numbers and/or reverse
billing services.
Liability: You
acknowledge and understand that TextMe will not be liable for any service
outage and/or inability to dial 9-1-1 using TextMe products and services or to
access emergency service personnel due to the 9-1-1 dialing characteristics and
limitations listed herein. YOU
ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN,
TEXTME, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING
CARRIERS WILL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, ACTIONS, INJURY, DEATH OR
DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR
RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY
9-1-1 SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INABILITY ON YOUR PART TO
ACCESS 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, AND YOU AGREE TO INDEMNIFY AND
HOLD HARMLESS TEXTME, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS,
DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1
AND/OR EMERGENCY 9-1-1 SERVICE.
CANADA RESIDENTS AND USERS ONLY: 9-1-1
Alternative Service (Canada, Only)
This section is relevant
for the usage of TextMe Products and Services in Canada.
THIS SECTION CONTAINS
IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING 9-1-1 SERVICE:
Description: VoIP services allow you to make or
receive telephone calls over the Internet to or from the public switched
telephone network. The nature of
VoIP telephone calls, while appearing similar to traditional telephone calling
services, create unique limitations and circumstances, and you acknowledge and
agree that differences exist between traditional telephone service and VoIP
telephone services, including the lack of traditional 9-1-1 emergency services.
9-1-1 service: Because of the unique nature of VoIP
telephone calls, emergency calls to 9-1-1 through your VoIP service will be
handled differently than traditional telephone service. The following provisions describe the
differences and limitations of 9-1-1 emergency calls, and you hereby
acknowledge and understand the differences between traditional 9-1-1 service
and VoIP calls with respect to 9-1-1 calls placed to emergency services from
your account as described below.
Placing 9-1-1
calls: When you make a 9-1-1
emergency call, the VoIP service will attempt to automatically route your 9-1-1
call through a third-party service provider to a Public Safety Answering Point
(ÒPSAPÓ). Your call may be
forwarded to a third-party specialized call center that handles emergency
calls. This call center is
different from the PSAP that would answer a traditional 9-1-1 call, and
consequently, you will be required to provide your name, address, and telephone
number to the call center.
How your information is
provided: The dispatcher receiving
the call will not be able to capture or automatically retain your name,
telephone number, or physical location as this information is not provided by
you to TextMe. Therefore, when
making a 9-1-1 emergency call, you must immediately inform the dispatcher of
your location (or the location of the emergency, if different), and any other
relevant information as required by the dispatcher. If you are unable to speak, the
dispatcher may not be able to locate you if your location information is not up
to date.
Disconnections: You must not disconnect the 9-1-1
emergency call until told to do so by the dispatcher, as the dispatcher may not
have your number or contact information.
If you are inadvertently disconnected, you must call back immediately.
Connection time: For technical reasons, including network
congestion, it is possible that a 9-1-1 emergency call will produce a busy
signal or will take longer to connect when compared with traditional 9-1-1
calls.
9-1-1 calls may not
function: For technical reasons,
the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in
various circumstances, including, but not limited to: failure of service or your service
access device—if your system access equipment fails or is not configured
correctly, or if your VoIP service is not functioning correctly for any reason,
including power outages, VoIP service outage, suspension or disconnection of
your service due to billing issues, network or Internet congestion, or network
or Internet outage in the event of a power, network or Internet outage.
You may need to reset or
reconfigure the system access equipment before being able to use the VoIP
service, including for 9-1-1 emergency calls.
Alternate services: If you are not comfortable with the limitations
of 9-1-1 emergency calls, TextMe recommends that you terminate the VoIP
services or consider an alternate means for accessing traditional 9-1-1
emergency services.
Inform other users: You are responsible for notifying, and
you agree to notify, any user or potential users of your VoIP services of the
nature and limitations of 9-1-1 emergency calls on the VoIP services as described
herein.
Liability: You acknowledge and understand that
TextMe will not be liable for any service outage and/or inability to dial 9-1-1
using TextMe Products and Services or to access emergency service personnel due
to the 9-1-1 dialing characteristics and limitations listed herein. YOU ACKNOWLEDGE AND AGREE THAT
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TEXTME, ITS AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE
LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY
OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION
OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, INCLUDING, WITHOUT LIMITATION, ANY
INABILITY ON YOUR PART TO ACCESS 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, AND YOU
AGREE TO INDEMNIFY AND HOLD HARMLESS TEXTME, ITS AFFILIATES AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM
ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR
NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE.
Additional Liability
Disclaimer: TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, TEXTME DISCLAIMS ANY REPONSIBILITY FOR THE
DELETION, THE FAILURE TO STORE, THE MISDELIVERY, OR THE UNTIMELY DELIVERY OF
ANY INFORMATION OR MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY CONTENT. WE ALSO DISCLAIM ANY AND ALL
RESPONSIBILITY FOR ANY HARM OF ANY KIND RESULTING FROM DOWNLOADING ANY CONTENT
OR PRODUCTS THROUGH TEXME OR ITS APPS, BY USING ANY SUCH APPS.
TOP-UP SERVICES
In addition to the
TextMe, Inc. End User License Agreement, Privacy Policy, Refund Policy, and
above Terms and Conditions all of which are incorporated herein by reference
the following applies to those users who are or will subscribe to voice or
Top-Up Services
________________________________________________________________________________
TextMe acts as an
intermediary that allows you to add prepaid credit to another personÕs mobile
telephone plan through their mobile telephone operator (thereafter
ÒTop-upÓ). The person sending the
prepaid credit is defined as ÒUserÓ.
The person who receives the prepaid credit to their mobile telephone
plan is defined as ÒRecipientÓ. The
prepaid credit amount and denomination of the Top-Up is defined as ÒTop-up
AmountÓ.
Depending on the mobile
telephone operator and country of operation, certain taxes and regulatory fees
may be deducted from the Top-up Amount, and by using TextMe you acknowledge
your understanding that the stated Top-up Amount is gross of any taxes and
regulatory fees deducted by the mobile telephone operator, as required by the
mobile telephone operator and country of operation. If you have questions about any taxes or
regulatory fees deducted from the Top-up Amount, please contact the mobile
telephone operator.
The mobile telephone
operators and prepaid credit denominations offered are subject to change and
availability. The cost of the
Top-Up will vary depending on the mobile telephone operator, denomination, and
payment method, and is subject to change at any time without prior notification.
TextMe will request that
the User provide certain information about the Recipient, including but not
limited to their telephone number, email address, and mobile telephone operator
(hereafter ÒRecipient InformationÓ).
It is your responsibility to ensure the Recipient Information is correct
and accurate, which is required for the Top-Up transaction to be processed
correctly. Before the Top-Up
transaction is completed, you will be asked to confirm the transaction. Your confirmation via a click is an
acceptance and representation of the correctness of the Recipient Information
and Top-up Amount therein.
Once you confirm, a
series of processes are initiated, which cannot be canceled after you
confirm. The confirmation cannot be
canceled.
TextMe assumes no
liability if the Top-Up was sent to the wrong Recipient, which is why we ask
that you confirm the Recipient Information. Please see our refund policy at: http://go-text.me
Once you confirm, a
series of processes are initiated, after which the responsibility to add the
Top-up to the RecipientÕs telephone plan is in the hands of the mobile
telephone operator. In some cases
the Top-up is added to the RecipientÕs telephone plan without delay. In some cases it may take up to a few
days, or longer, for the Top-Up transaction to be added to the RecipientÕs
telephone plan, even if the transaction status shows complete.
By using the TextMe
Products and Services, you acknowledge your agreement and understanding that
the respective mobile telephone operator is solely responsible and liable for
the provisioning` of the Top-up to the Recipient.
TextMe may offer
promotional rates (hereafter ÒPromotionÓ) from time to time, which may be
subject to additional terms and conditions that will be communicated along with
the Promotion. Promotions are
subject to change at any time and without notice.
TextMe users acknowledge
and agree that in case of excessive use that is not consistent with normal use,
TextMe may (a) notify the user of the excessive use, and (b) unilaterally
suspend temporarily or indefinitely TextMe Product and Services at no cost to
TextMe and without TextMe being liable for the suspension.