TextMe, Inc. End User License Agreement (“EULA”) and Terms and Conditions

Last updated on September 23, 2015

 

GENERAL TERMS AND CONDITIONS

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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 “Products and Services”).  For purposes of this Agreement, TextMe, Inc., its subsidiaries, affiliates (if any), and all product lines are interchangeably designated as “TextMe”, “We,” “Our” or “Us”.

 

All users of the Products and Services are subject to the following Terms and Conditions, Refund Policy, and Privacy Policy (thereafter “T&C”) 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 “Content”).

 

If you are downloading one of Our apps, by clicking “AGREE TO” 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 TextMe’s 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 guardian’s 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 « SignUp » 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 “Account Data”), 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 TextMe’s 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 card’s 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 TextMe’s 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 partners’ designs, notices, logos or any other proprietary rights displayed or used in the context of TextMe’s 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 “TextMe Commercial Partners”) 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 “lifetime no ad” or “no ad” feature, TextMe’s right to advertise will lapse during your personal usage of the said TextMe product to which you have subscribed.  You acknowledge that TextMe’s right to advertise will remain unchanged on any TextMe products without the “lifetime no ad” or “no ad” 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 TextMe’s 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 Partners’ 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 TextMe’s 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 “AS IS” and “AS AVAILABLE” 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 attorneys’ fees, arising out of your use of TextMe’s 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           

 

TextMe’s 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. 

 

TextMe’s 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

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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:

Š      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

Š      Comply with all applicable laws and regulations.

 

You will not use the TextMe Products and Services to do any of the following:

Š      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

Š      Violates any third-party’s legal rights such as, but not limited to, copyrights, rights of privacy or rights of publicity;

Š      Operate TextMe Products and Services under a false identity or by impersonating any person or third-party entity; 

Š      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. 

Š      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. 

Š      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;

Š      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; 

Š      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); 

Š      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; 

Š      Generate, download, upload or transmit, whether by voice or text message, any kind of advertisement or solicitations of commercial activities; 

Š      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 users’ usages of TextMe Products and Services.  Examples of usages inconsistent with normal use include, but are not limited to: 

Š      Operation of a business, a marketing campaign, a non-profit organization or a governmental organization, a call center; 

Š      Resale or attempt to resell TextMe voice features to third parties; 

Š      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 TextMe’s 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 (“PSAP”).  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

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TextMe acts as an intermediary that allows you to add prepaid credit to another person’s mobile telephone plan through their mobile telephone operator (thereafter “Top-up”).  The person sending the prepaid credit is defined as “User”.  The person who receives the prepaid credit to their mobile telephone plan is defined as “Recipient”.  The prepaid credit amount and denomination of the Top-Up is defined as “Top-up Amount”. 

 

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 “Recipient Information”).  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 Recipient’s telephone plan is in the hands of the mobile telephone operator.  In some cases the Top-up is added to the Recipient’s 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 Recipient’s 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 “Promotion”) 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.