textPlus Terms of Use

View the Privacy Policy

Revised: March 17th, 2014

Thanks for using textPlus, created by textPlus, Inc. (together with our affiliates, “us”). 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

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 generally 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 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 elect to enable TFC to (i) make voice calls to non-TFC users on traditional phones for a fee, and/or (ii) receive voice calls from non-TFC users on traditional phones for a fee (“Out-of-Network Calls”). During introductory offers, we may waive these Out-of-Network Call enablement fees for a limited time only.

The fee payable for making an Out-of-Network Call to a traditional phone (mobile or landline) is a per-minute rate based on the destination country of your Out-of-Network Call. The fee payable for receiving an Out-of-Network Call (regardless of its country of origin) is the per-minute rate payable for making a domestic local Out-of-Network Call. Our rates for Out-of-Network Calls are published within TFC and at www.textPlus.com/rates.

The duration of an Out-of-Network Call is based on one-minute increments, and fractions of minutes will be rounded up to the next minute. We may change our rates for Out-of-Network Calls at any time without notice to you by posting the new rates at www.textPlus.com/rates. Please check our latest rates before making an Out-of-Network Call.

Out-of-Network Calls are generally made by purchasing and using textPlus Credits. textPlus Credits are non-refundable and are not redeemable for any sum of money. We reserve the right to expire textPlus Credits if you do not use TFC to make or receive an Out-of-Network Call for 180 consecutive days.

textPlus does not feature all of the services of, and is not a replacement for, a wired or wireless phone. In the United States, you cannot make Emergency 911 calls using TFC.

Please see www.textPlus.com/Canada-911 for special terms regarding the making of Emergency 911 calls in Canada using TFC.

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.

Ownership

The content of textPlus, other than Submissions by users, including all software, text, visual, and audio content ("Content") and our trademarks and logos ("Marks"), is owned by or licensed to us 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 us. 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 mobile device manufacturer;
  • to send unwanted messages, make unwanted calls or transmit 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.

You are responsible for all device connection charges incurred by you when you use textPlus. 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.

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 us (or our suppliers) and may be reclaimed by us should your textPlus account be terminated for any reason, and for free textPlus phone numbers, due to non-activity.

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 us and our 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 textPlus Platform. We reserve the right to display advertisements in connection with your Submissions, and to use your Submissions to advertise and promote textPlus.

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@textPlus.com. We try to respond to support questions within 24 hours.

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@textPlus.com, 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 our 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 us to locate the material on textPlus;
  • information reasonably sufficient to permit us 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 our copyright agent by e-mail at copyright@textPlus.com or by mail at Copyright Claims, c/o textPlus, 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 our 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. We 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.

Other End User License Agreements

Certain other end user license agreements and terms of use (such as those published by your wireless carrier and 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.

Privacy

We respect your privacy. Our Privacy Policy, found at www.textPlus.com/privacy, explains how we collect, use, and disclose information about you, and the privacy we afford your messages. By using textPlus, you agree to abide by our Privacy Policy.

textPlus Modifications

We enhance and update 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. We will not be liable to you or any third party should it modify or discontinue textPlus.

Termination

We reserve the right not to provide textPlus to any user, and 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, WE 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).

WE 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. WE 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.

WE 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. WE 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 US OR THROUGH TEXTPLUS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS WILL NOT 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 we 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 our liability will be the minimum permitted under such law.

Indemnification

You agree to indemnify, defend, and hold harmless us, and our 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. We reserve the right, at our 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 us in asserting any available defenses.

Force Majeure

Under no circumstances will we 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 textPlus or these Terms of Use 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. Our failure to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision.



Reasonable Usage Policy

We want all of our users to take advantage of our industry low calling rates; in fact, we may offer some users unlimited calling plans within certain countries or territories. In order to prevent fraud and abuse of our calling plans, we’re publishing this Reasonable Usage Policy (this “Policy”) to make clear what’s reasonable and allowed and what’s impermissible usage.

Normal, Reasonable Use

textPlus (including our unlimited calling plans) is intended for normal, personal, individual non-commercial use only. Unauthorized or excessive use beyond that normally experienced by a typical individual may result in immediate service termination.

Impermissible Uses

We evaluate customer usage and general calling patterns in comparison to typical levels of permissible usage engaged in by legitimate customers. While not exhaustive, these are the types of uses that would be considered impermissible under our Policy:

  • allowing others to access your textPlus account and use your calling plan;
  • operating a business or other enterprise, including any telemarketing;
  • operating a call center or similar service or engaging in auto-dialing of any kind
  • engaging in illegal or fraudulent behavior; and
  • reselling your calling plan minutes to others.

Other practices may be relevant in determining reasonable usage and we reserve the right to take any abnormal or unusual activity into account in making a determination. We may terminate a user’s account or suspend his or her calling plan subscription immediately if we determine that user is using a calling plan contrary to this Policy or other policies. We also reserve the right to change this Policy at any time, which change will become effective when a revised Policy is posted to our website.

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 textPlus 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.

 

 

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