Revised: April 2, 2012
Thanks for using textPlus, created by GOGII. These Terms of Use govern your use of textPlus, and you must read and agree to these Terms of Use before you can use textPlus. By using textPlus, you’re agreeing to be bound by these Terms of Use. If you do not agree to any of the following Terms of Use, please do not use textPlus.
textPlus Service
textPlus is a downloadable software application for mobile devices that allows its users to send and receive text messages, both on a one-to-one basis and in groups, all for free. textPlus is free to download and free to use (meaning you will not be charged for the text messages you send or receive using the textPlus application), except with respect to certain optional paid features and as set forth below.
Certain versions of textPlus may feature the textPlus Free Calls Service (“TFC”). TFC allows its users to make and receive voice calls to and from other TFC users for free using their textPlus phone numbers (“In-App Calls”). Additionally, you may opt to enable TFC to (i) make voice calls to non-TFC users on phones for a fee, and/or (ii) receive voice calls from non-TFC users on phones for a fee (“Out-of-Network Calls”). During introductory offers, GOGII may waive these Out-of-Network Call enablement fees for a limited time only.
TFC currently only works with 10-digit phone numbers from (i) within the 48 contiguous United States (i.e., excluding Alaska and Hawaii) and (ii) within Canada.
People you call (or who call you) will be charged for Out-of-Network Calls, similar to other calls according to their applicable voice plan.
If you use textPlus on a cellular network (rather than via Wi-Fi), standard data rates may apply, according to your wireless plan. And if you’re traveling outside of your home country, please check with your wireless carrier before using textPlus on a foreign cellular network (rather than via Wi-Fi), as international data roaming may apply and can get expensive very quickly. Also, if you choose to be notified of your incoming textPlus messages via SMS (which is completely optional), standard messaging rates will apply to those notification messages, and they will count towards any messaging limit applicable to you, according to your wireless plan.
People receiving and replying to textPlus messages on a mobile phone (via SMS) will be charged standard text messaging fees, and these messages will count towards any messaging limit applicable to them, according to their wireless plan.
TFC does not feature all of the services of, and is not a replacement for, a wired or wireless phone. You cannot make 1-900 calls using TFC. In the United States, you cannot make Emergency 911 calls using TFC.
Special Terms Regarding the textPlus 911 Service and TFC in Canada
The following terms, conditions and disclosures apply to textPlus and TFC users in Canada only. As a Canadian user of textPlus or TFC, you agree to the following:
There are important differences in the way 911 service operates within textPlus when compared with traditional telephone service:
- Differences between Traditional 911 Service and Calling 9-1-1 Using textPlus
With traditional phone services, your 911 call is sent directly to the nearest emergency response centre. With textPlus, your 911 call is forwarded to a third-party operator who will route your call to the appropriate emergency response centre (anywhere in Canada.)
- Remember to Verify your Location
Because you can move your device with textPlus installed between locations and the emergency operator will not have your name, location or contact information available, you must immediately inform the emergency operator of your location and contact particulars any time you call 911 using textPlus. Do not risk sending emergency services to the wrong location.
- Be Prepared during any Service Interruption
textPlus calling service depends not only on your continued use of the app, but also on Internet connectivity and power to function. In the event of power, network, or Internet outages (including congestion), or if your service is suspended due to non-usage, you may experience a failure, disruption or delay in your 911 service. We recommend that you keep an alternative phone service (such as a cellular telephone) handy to increase the reliability of your access to emergency services during any service interruption.
- Do not Disconnect
Until you are told to do so by an emergency dispatcher, do not disconnect your 911 call. If you are inadvertently disconnected, call back immediately.
- Inform other Users
You must notify members of your household and other potential users of your textPlus service of the nature and limitations of 911 emergency calls.
- Limitations of Liability
We limit our liability to you in respect of our 911 service, as we do not have any control over whether, or the manner in which, calls using our 911 service are answered or addressed by any local emergency response centre. We rely on third parties to assist in routing 911 calls to local emergency response centres and third party call centres. Prior to registering for textPlus, you must review the full text of applicable limitations of liability set out below in the textPlus Terms of Use (available at http://www.textPlus.com/terms).
You understand, acknowledge and agree that the following privacy safeguards are not available with the textPlus service: delivery of the privacy indicator when invoked by an end-customer; provision of automated universal per-call blocking of calling line identification; provision of per-line call display blocking to qualified end-customers; disallowance of call return to a blocked number; enforcement of certain restrictions on automatic dialing devices and unsolicited faxed where applicable; and provision of universal call trace.
Eligibility
You must be at least 13 years old to use textPlus. If you are not at least 13 years old, do not use textPlus. If you are under 18 years old, your parent or legal guardian must also read and agree to be bound by these Terms of Use.
Other End User License Agreements
Certain other end user license agreements and/or terms of use (such as those published by your wireless carrier and/or mobile device manufacturer) may also govern your use of textPlus, provided that our Terms of Use will control in the event of a conflict with any such other agreement.
Ownership
The content of textPlus, other than Submissions by users, including all software, text, visual, and audio content ("Content") and GOGII's trademarks and logos, including GOGII, 60611, and textPlus ("Marks"), is owned by or licensed to GOGII and is protected under U.S. and international laws.
Use of textPlus
You are responsible for your use of textPlus, and for any use of textPlus made using your device. You agree not to access, copy, or otherwise use textPlus, including our Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by GOGII. If you decide to enter a mobile phone number, country, or other personal information in connection with your use of textPlus, you agree only to enter the mobile phone number associated with your account, your country of residency or origin and other accurate personal information about you. You also agree not to use textPlus:
- to violate any law or regulation;
- to violate or infringe other people's intellectual property, privacy, or other rights;
- to transmit anything that is illegal, abusive, harassing, racist, hateful, or otherwise objectionable in our opinion;
- to transmit images that are sexually explicit, pornographic, obscene, or otherwise objectionable in our opinion;
- in violation of our Community Guidelines or other published policies;
- to violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
- to send unwanted messages or make any unauthorized advertising or commercial communications, such as spam;
- to transmit any malicious or unsolicited software;
- to stalk, harass, or harm another individual;
- to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- to violate any requirements, procedures, policies or regulations of networks connected to textPlus; or
- to interfere with or disrupt textPlus.
Usernames, textPlus Phone Numbers and Other IDs
We reserve the right to reclaim any textPlus usernames and other unique IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.
You may be provided with a textPlus phone number to be used by you in connection with textPlus. textPlus phone numbers are owned by GOGII (or its suppliers) and may be reclaimed by GOGII should your textPlus account be terminated for any reason (and for free textPlus phone numbers, due to non-activity). For questions regarding textPlus phone numbers and reclamation, please see our textPlus FAQ.
Unless your version of textPlus features TFC, you understand and agree that textPlus is a text messaging application and that textPlus is not capable of placing or receiving telephone calls.
Submissions and Messages
textPlus may allow you to submit material for hosting, display, and distribution to others ("Submissions"), such as posting or sharing photos, profiles, audio and video clips, and other content. When you send us a Submission, you grant GOGII and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, and otherwise use and reuse all or part of your Submission (and anything we make using your Submission) through textPlus and the GOGII Platform. We reserve the right to display advertisements in connection with your Submissions, and to use your Submissions to advertise and promote textPlus and GOGII.
We are not required to host, display, or distribute any Submissions, and we may refuse to accept or transmit Submissions, and may remove them from textPlus at any time. All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person posting the Submission. We may not monitor or control Submissions and we cannot take responsibility for Submissions. Any use or reliance on any Submission posted via textPlus is at your own risk.
By sending a Submission, you promise that you own all rights to your Submission or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your Submission. Finally, you promise that your Submission does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Messages that you send using textPlus are subject to our Privacy Policy, as described below.
Feedback
We always welcome and appreciate your feedback and suggestions about textPlus. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand that we may use them without compensation to you.
Support
If you have questions or need help using textPlus, please feel free to email us with your questions or comments at support@gogii.net. We try to respond to support questions within 24 hours.
Mobile Services
textPlus features many services that are available on mobile phones, including text messaging. We don’t charge you for textPlus messages, but please be aware that your wireless carrier's normal messaging and data rates may apply and are your sole responsibility, as described above under textPlus Service. For questions regarding text messaging fees and textPlus, please see our textPlus FAQ.
Using certain mobile services may also be prohibited or restricted by your wireless carrier and/or mobile device manufacturer, and textPlus may not work with all carriers or mobile devices.
By using textPlus, you consent to our communicating with you by text message or other electronic means to your mobile device and that certain information about your usage of textPlus may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly notify us by e-mail at support@gogii.net, to ensure that your messages are not sent to any person that may acquire your old number.
Copyright
We respect the intellectual property rights of others. Upon proper notice, we will remove any content that violates copyright law. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, please send GOGII's copyright agent a notification with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit GOGII to locate the material on textPlus;
- information reasonably sufficient to permit GOGII to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
Please send all of the information described above to the following GOGII copyright agent by e-mail at copyright@gogii.net or by mail at Copyright Claims, c/o GOGII, Inc., 13160 Mindanao Way, Suite 350, Los Angeles, CA 90292. Please don't send notices or inquiries about anything other than alleged copyright infringement to GOGII's designated agent.
Links to Other Websites
textPlus may contain links to other websites (such as in advertisements), or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access such third-party websites or content at your own risk. You should always read the terms of use and privacy policy of a third-party website before using it. GOGII will not be responsible for any damage or loss related to the use of any content, goods or services available on or through any third-party website.
Privacy
GOGII respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you and your messages. By using textPlus, you also agree to abide by our Privacy Policy.
textPlus Modifications
GOGII enhances and updates textPlus often. We may also need to discontinue services we offer from time to time. You understand and agree that we may modify or discontinue textPlus, with or without notice to you. GOGII will not be liable to you or any third party should it modify or discontinue textPlus.
Termination
GOGII reserves the right not to provide textPlus to any user, and also reserves the right to terminate any textPlus user at any time, in our discretion. If you violate any of these Terms of Use, your permission to use textPlus will automatically terminate.
Disclaimer of Warranties and Limitations on Our Liability
WE TRY TO KEEP TEXTPLUS UP, BUG-FREE, AND SAFE, BUT YOU USE TEXTPLUS AT YOUR OWN RISK. TEXTPLUS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOGII AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO TEXTPLUS (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
GOGII AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH TEXTPLUS, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM TEXTPLUS. GOGII AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF TEXTPLUS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TEXTPLUS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH TEXTPLUS BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH TEXTPLUS.
GOGII AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH TEXTPLUS OR ANY LINKED WEBSITE. GOGII AND ITS AFFILIATES WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TEXTPLUS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOGII OR THROUGH TEXTPLUS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOGII NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF TEXTPLUS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent GOGII may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of GOGII's liability will be the minimum permitted under such law.
Indemnification
You agree to indemnify, defend, and hold harmless GOGII, and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your Submissions, messages, feedback, or any other content) you or anyone using your account or device submit, post, or transmit using textPlus; (b) the use of textPlus by you or anyone using your account or device; (c) the violation of these Terms of Use by you or anyone using your account or device; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or device. GOGII reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GOGII in asserting any available defenses.
Force Majeure
Under no circumstances will GOGII be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
Other Provisions
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising from or relating to these Terms of Use, textPlus, or GOGII will be filed only in the state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of GOGII to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision.
Terms of Use Changes
From time to time, we may change these Terms of Use. If we change these Terms of Use, we will inform you by posting the revised textPlus Terms of Use on the GOGII website. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. Your continued use of textPlus constitutes your consent to be bound by the revised Terms of Use.
