Revised: November 26, 2012
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.
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
- 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.
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.
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.
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
Other End User License Agreements
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.
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.
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.
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.