These Terms & Conditions (the "Terms") form a binding agreement between you and Textitie ("Textitie," "we," "us," or "our") governing your use of www.textitie.com and any Textitie service (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and capable of entering into a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Accounts
- You are responsible for the accuracy of the information you provide when registering.
- You are responsible for keeping your credentials confidential and for all activity under your account.
- You must notify us immediately of any unauthorized access or suspected breach of your account.
- We may suspend or terminate accounts that violate these Terms or that pose a risk to the Service.
3. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
- Reverse-engineer, decompile, scrape, or interfere with the Service or its security mechanisms.
- Upload malware, run automated requests at abusive volumes, or attempt to gain unauthorized access.
- Use the Service to send spam, harass others, or infringe intellectual property rights.
- Resell, sublicense, or commercially exploit the Service except as expressly permitted by us in writing.
4. Platform Role: Infrastructure Pipeline Only
Textitie is a neutral software infrastructure pipeline. The Service provides tooling that enables you to compose, automate, and transmit business text messages; Textitie does not originate, author, direct, or control the messages you send, does not select or supply your recipients, and is not the sender or initiator of any communication made through your account. You are the sole initiator of all messages sent through the Service, and you act at all times as the "sender" and "seller/caller" of record for purposes of all applicable communications laws. Textitie's role is strictly limited to providing the technical means of transmission, in the same manner as a common software utility.
5. Messaging Consent, Compliance, and List Scrubbing
Consent guarantee. You represent, warrant, and contractually guarantee that, prior to uploading any phone number, contact list, or recipient data to the Service, you have obtained and will maintain all legally required consents, permissions, and authorizations from every recipient — including, where required, prior express written consent — to receive the communications you send through the Service. You agree to provide evidence of such consent to Textitie promptly upon request.
DNC safe harbor and list scrubbing. To comply with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and analogous state laws, you represent and warrant that you will timely scrub all contact lists against the National Do Not Call (DNC) Registry, applicable state DNC lists, and your own internal DNC/opt-out list before uploading any data to the Service, and that you will maintain comprehensive records of such scrubbing and of recipient consent for no less than five (5) years.
Compliance with laws. You will use the Service in full compliance with all applicable local, state, national, and international laws, regulations, carrier requirements, and industry guidelines governing your messaging — including without limitation the TCPA, TSR, CAN-SPAM Act, CTIA Messaging Principles and Best Practices, and applicable 10DLC campaign registry requirements. You are solely responsible for honoring opt-out requests (including "STOP" keywords) immediately and for ensuring your message content, timing, frequency, and targeting are lawful.
Assumption of risk. You acknowledge that automated and AI-assisted messaging is subject to evolving technical, legal, and regulatory considerations, and you expressly assume all risks associated with your use of the Service, including regulatory changes affecting automated business messaging in your jurisdiction.
6. Compliance Audits, Tracebacks, and Suspension
Textitie reserves the right to audit your account, activity logs, usage patterns, and compliance records at any time, with or without prior notice, to verify compliance with these Terms and applicable law, and you agree to cooperate fully with any such audit. If Textitie receives a traceback request, subpoena, or similar investigative inquiry from any carrier, legal authority, law enforcement agency, or regulatory body regarding your activity, Textitie may immediately suspend your access to the Service pending resolution. Such suspension may remain in effect until the matter is resolved to Textitie's satisfaction, the inquiry is withdrawn, or the appropriate authority determines your activity was compliant. Textitie may charge you a reasonable, non-refundable administrative fee for each traceback or equivalent investigation request received in connection with your activity, to cover compliance and legal processing costs. Textitie bears no liability for losses arising from a suspension under this section, and may terminate your account and report violations to relevant authorities where an investigation reveals violations of these Terms or applicable law.
7. Your Content
You retain all ownership rights in the content and data you submit to the Service ("Customer Content"). You grant Textitie a limited, worldwide, non-exclusive license to host, store, transmit, and process Customer Content solely to operate, secure, and improve the Service for you. You are responsible for ensuring you have the rights necessary to submit Customer Content and that it does not violate any law or third-party right. Textitie has no obligation to store Customer Content, including campaign logs and contact lists, indefinitely; you are responsible for maintaining your own backups of data you upload to the Service.
8. Our Intellectual Property
The Service, including the software, design, branding, text, graphics, and underlying technology, is owned by Textitie or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No other rights are granted, expressly or by implication.
Aggregated statistics. Textitie may monitor use of the Service and compile data in an aggregated and anonymized form ("Aggregated Statistics"). All right, title, and interest in Aggregated Statistics belong solely to Textitie, which may use them to improve the Service and for internal business purposes, provided they do not identify you or your confidential information.
9. Fees and Payment
Paid plans are billed in advance on the cycle you select. Fees are non-refundable except where required by law or expressly stated by us in writing. You authorize us and our payment processor to charge the payment method on file. If a charge fails, we may suspend access until the balance is paid. We may change pricing for future billing cycles with reasonable notice.
10. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
11. Third-Party Services
The Service may interoperate with third-party services or contain links to third-party websites. We do not control and are not responsible for those third parties. Your use of them is at your own risk and subject to their terms and policies.
12. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation. Textitie does not provide legal, accounting, tax, or investment advice. You are responsible for confirming that any output from the Service meets your legal and regulatory obligations.
13. Limitation of Liability
To the maximum extent permitted by law, Textitie and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or in connection with your use of the Service. Our total cumulative liability for any claim arising out of or relating to the Service will not exceed the greater of the amount you paid us in the twelve months preceding the claim or one hundred U.S. dollars (US$100).
14. Indemnification
You agree to defend, indemnify, and hold harmless Textitie, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claim, demand, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of (a) your breach of these Terms, (b) your Customer Content, (c) your use of the Service, (d) your violation of any law or third-party right, or (e) your failure to obtain or maintain the recipient consents, authorizations, or list-scrubbing obligations described in Section 5, including any claim under the TCPA, TSR, or analogous state law arising from messages you initiate through the Service. These indemnification obligations survive termination of these Terms.
15. Termination
You may stop using the Service at any time. We may suspend or terminate your access at our discretion, with or without notice, including for any violation of these Terms. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
16. Changes to the Service or Terms
We may modify the Service or these Terms at any time. If we make a material change to the Terms, we will update the "Effective" date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction there. Where applicable consumer-protection law gives you the right to bring claims in your home jurisdiction, those rights are not waived.
18. Force Majeure
Textitie will not be liable or deemed in breach of these Terms for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, epidemics or public-health emergencies, labor disturbances, hardware, software, Internet, or telecommunications failures, carrier outages or filtering, or acts of any governmental authority. During such an event, Textitie's obligations are suspended, and Textitie will resume performance as soon as reasonably practicable.
19. Miscellaneous
- If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.
- Our failure to enforce a provision is not a waiver of our right to do so later.
- You may not assign these Terms without our written consent. We may assign them as part of a corporate transaction.
- These Terms, together with the Privacy Policy, constitute the entire agreement between you and Textitie regarding the Service.
20. Contact
Questions about these Terms?
Textitie
legal@textitie.com