Last updated October 13, 2023
Welcome and thank you for choosing to be part of our community at Texts.com!
FIRST THINGS FIRST:
You must be at least 13 years old or the minimum legal age in your country to use the App. If you live in a country in the European Economic Area, you must be at least 16 years old to use the App. You may use the App only if you can legally form a binding contract with us. So don’t download the App or try to create a Texts.com account (an “Account”) if you aren’t old enough to use it.
If you don’t agree to these Terms, you don’t have our permission to use the App.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT UNDERSTAND THESE TERMS, PLEASE CONTACT US AT [email protected] BEFORE YOU AGREE TO THEM. WE’VE TRIED TO MAKE THESE TERMS EASY TO UNDERSTAND, AND WE ARE HAPPY TO ANSWER YOUR QUESTIONS. IF YOU AGREE TO THE TERMS, THAT MEANS THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT ALL OF THESE TERMS.
1. The Texts App
The App gathers the messages you send and receive from each of the third-party messaging services you use (called “Messaging Services”) and displays them in a single inbox on your device – no more logging in to multiple accounts to check your messages! The App encrypts your messages before sending them and stores an encrypted copy on your device, which means that only you can see the message content stored on your device - not even us. Certain Messaging Services may also enable end-to-end encryption on their own, which means that the Messaging Service encrypts the messages they store so not even they can see them. Please know that we can only protect the messages that the App stores on your devices, so if your Messaging Service doesn’t offer end-to-end encryption, your messages won’t be fully protected if they are stored separately by the Messaging Service
2. Your Texts Account
- Account Creation. You must create an Account with us before accessing and using the App because we need to be able to communicate with you about any changes to the App or these Terms, send you receipts for payments, and reply to questions you may have. You can create an Account by:
- Signing in using your Google account credentials;
- Signing in using your Twitter account credentials;
- Providing an email address and password; or
- Other login options we may make available to you.
- Your Responsibilities. You may not resell or allow anyone else to use your Account. You are responsible for keeping your Account login information secure and are fully responsible for all activities that occur using your Account. You agree to immediately notify Texts of any unauthorized use, or suspected unauthorized use of your Account or any other breach of your Account security. We will not be liable for any loss or damage you suffer that results from your failure to secure your Account. Your right to access and use the App is personal to you, and you may not allow anyone else to access your Account. You may only use the App for lawful purposes. You represent to us that you are the owner of each of the connected Messaging Service accounts. We may suspend your Account or stop providing the App to you if we suspect you are committing fraud or are engaging in illegal activity. You also may not (i) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithms or methodology to access, acquire, copy or monitor the App or any portion of the App; (ii) post or transmit any content which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the App; or (iii) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the App.
- Deleting your Account. You may delete your Account at any time, for any reason, by going to https://www.texts.com/delete-account and following the instructions on the webpage. If your account is frozen, closed, or deleted, you will be logged out from your account and will no longer be able to interact with the App. Your messages will continue to be stored locally on your desktop until you uninstall the App. After your Account is closed, we will delete all of the information in your Account from our servers within 7 days, and we will not be liable to you or to anyone else for any consequences that result from the closure of your Account.
3. Texts Subscription Fees and Automatic Renewal
- We may charge a monthly subscription fee to use the App. You can find information about subscription fees and your payment options by logging in to your Account. By enrolling in a subscription, you authorize us to automatically charge the then-applicable subscription fee and taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period.
- You can cancel your subscription by notifying us through the App. You must notify us that you are exercising your right to stop a payment, or revoke your authorization for automatic payments at least 3 banking days before the next scheduled payment date to prevent the payment from occurring. If you instruct us to stop or pause a payment or revoke your authorization to us to debit your payment method, but you do so less than 3 banking days before the next scheduled payment date, we may attempt, in our sole discretion, to cancel that scheduled payment. However, if we are unable to stop the payment we are not responsible to you for any losses (such as overdraft fees) that you incur. We reserve the right to cancel or suspend payments to prevent fraud.
- We may change our subscription fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for things that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your subscription
4. Our Intellectual Property Rights
The Agreement doesn’t transfer any Company or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Company and you) solely with Company. All trademarks, service marks, graphics, and logos used in connection with our website or the App are trademarks or registered trademarks of Company (or Company’s licensors). Other trademarks, service marks, graphics, and logos used in connection with the App may be the trademarks of other third parties. Using the App doesn’t grant you any right or license to reproduce or otherwise use any Company or third-party trademarks.
5. Using the App on your Computer or Your Mobile Device
6. No Warranties, Limitation of Liability and Indemnification
Your access to and use of the App may be interrupted due to malfunction of your or our equipment, software updates and maintenance, and other actions that Texts, in its sole discretion, may elect to take from time to time for any reason. We will not be liable to you or anyone else for any loss, cost, or damage that result from any scheduled or unscheduled downtime, or your inability to access the App. Your sole and exclusive remedy for any failure or non-performance of the App, will be for Texts to use commercially reasonable efforts to restart, reconnect or repair the App.
WE MAKE NO WARRANTIES TO YOU ABOUT YOUR TEXTS ACCOUNT OR THE APP. EXCEPT AS EXPRESSLY DESCRIBED IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU REGARDING YOUR TEXTS ACCOUNT AND YOUR USE OF THE APP. THE APP IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT WE DO NOT GUARANTEE THAT THE APP WILL ALWAYS BE AVAILABLE FOR YOU TO USE, OR THAT THE MESSAGES YOU SEE IN IN THE APP ARE ACCURATE OR UP-TO-DATE.
OUR LIABILITY TO YOU IS LIMITED. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL TEXTS, ITS OWNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOST PROFITS OR DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE LEGAL THEORY OR OTHER DAMAGES ARISING OUT OF (I) ANY TRANSACTION OR MESSAGING CONDUCTED THROUGH OR FACILITATED BY THE APP; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APP DESCRIBED OR PROVIDED TO YOU; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE APP DESCRIBED OR PROVIDED TO YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE APP OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP AND TO CLOSE YOUR ACCOUNT.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES DOES NOT APPLY, ANY LIABILITY OF TEXTS, ITS OWNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT WILL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).
YOUR INDEMNIFICATION OBLIGATIONS TO US: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TEXTS, ITS OWNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL CLAIMS, SUITS, PROCEEDINGS, LOSSES, LIABILITIES, ATTORNEY’S FEES, AND ALL RELATED EXPENSES, WHETHER IN TORT, CONTRACT, OR OTHERWISE, THAT ARISE OUT OF, RELATE TO, OR ARE ATTRIBUTABLE, IN WHOLE OR IN PART, TO YOUR BREACH OF THESE TERMS OR ANY ACTIVITY BY YOU RELATED TO YOUR USE OF THE APP.
7. Changes to the App and these Terms
We’re always trying to improve the App, which means we may add, remove, or change functionality within the App. We may also temporarily or permanently discontinue the App. We may take any of these actions at any time for any reason, without notice to you.
We may also modify these Terms from time to time. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through the App or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by canceling your subscription and ceasing your use of the App.
8. Additional Terms
- a. Severability. Unless any other provision of these Terms state otherwise, and to the extent not prohibited by law, if any court or regulatory authority finds that any part of these Terms is invalid or unenforceable, that finding will not affect the validity or enforceability of the rest of the Terms.
- b. Assignment. Except when prohibited by law, we may assign our rights under these Terms, including our right to collect subscription fees from you, in whole or in part to a third party without your permission, and the entity to whom we sell, transfer or assign our rights under these Terms will take our place. This means that if we merge with another company or sell the company, these Terms will still apply to you, and you must continue to pay the subscription fee for as long as you use the App. These Terms apply only to you, and you may not transfer your rights under these Terms or your Account to anyone else.
- c. Waiver of Rights; Delay in Enforcement. If we do not enforce, or if we delay enforcing any of our rights under these Terms, we will not lose those rights. We may also decide to waive one or more of our rights without notifying you, but doing so does not waive our right to enforce those rights at a later date. This means we could decide to not charge you the subscription fee, but we could decide later to begin charging you again.
- e. Terms That Will Survive After These Terms are Terminated. Some of these Terms will remain in effect even after you have stopped using the App and have closed your Account. These terms include Section 6 (No Warranties, Limitation of Liability and Indemnification), Section 8a (Severability), Section 8c (Waiver of Rights; Delay in Enforcement), Section 8e (Survival), and Section 10 (Jurisdiction and Applicable Law).
9. Term and Termination
We may suspend or terminate your Account and rights to use the App at any time and effective immediately, if you violate these Terms or for any reason at our sole discretion. Upon termination of your rights under these Terms, your Account and right to access and use the App will terminate immediately. Texts will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account.
10. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Terms and any access to or use of our App will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Terms and any access to or use of our App will be the state and federal courts located in San Francisco County, California, U.S.A. Nothing in these Terms affects your rights as a consumer to rely on mandatory provisions in your country of residence.