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Last updated​ August 29, 2024

Welcome to the www.textpro.ai website (the “Site”), which is owned and operated by Text Pro LLC (“Textpro”, “we,” “us,” or “our”). These Textpro Terms of Use (these “Terms”) set forth the mutual agreement between Textpro and you as to your rights and responsibilities when you access or use the Site and/or when you use the Textpro texting services made available through the Site, including any written and electronic communications between you and Textpro (collectively, the “Services”). The term “you” or “User” refers to any person or entity who uses the Services.

 

  1. Acceptance; Scope of Terms

    1. By using the Services, you are agreeing to be bound by these Terms. You are also agreeing to comply with our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to any of these Terms, or any of the terms and conditions in the Privacy Policy, you should not access or use the Services in any way and should immediately exit the Site

    2. You must be at least 18 years old to use the Services. If you are under 18 years of age, you are not authorized by us to use the Service

    3. Textpro may amend, update or modify these Terms at any time, by posting amended Terms on the Site. If you do not consent to these Terms, as amended, you should not access or use the Services in any way and should immediately exit the Site. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms

    4. The Services may contain links to third party websites not owned by Textpro. Textpro has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the Services, you expressly release Textpro from any and all liability arising from your use of any third-party website

  2. Limited License; Restrictions
    Textpro grants you a limited, non-exclusive, non-transferable, revocable license to use the Services, as well as the Content (as defined in Section 7) contained in or obtained through the Services, subject to these Terms. This license is personal to you and may not be assigned or sublicensed to anyone else. All rights not expressly granted by Textpro herein are reserved. You agree that you will not reproduce, distribute, publish, transfer, sell, create derivative works from, decompile, reverse engineer, alter, adapt, or disassemble the Services, the Content, any portion of the Site or any source code therein. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service

  3. Fees; Payment
    Users are responsible for paying all applicable fees for the Services, including any price markups added by Textpro for the transactions initiated through the Services (the “Markups”), any third party fees (including delivery fees not charged by Textpro), and any applicable taxes (collectively, “Total Fees”). Total fees are displayed on Stripe payment links for meal, grocery, and retail delivery, as well as sports, concert, and musical ticket purchases, but may only be displayed on a checkout page for select travel purchases.

  4. Accounts

    1. Accounts. To access a more comprehensive version of the Site and utilize the Services, you will have to select a membership plan which will require you to provide your name, email address, and phone number. For some services you will need to enter your address. To access travel-related services you will be required to provide your birthdate. You are solely responsible for the activity that occurs on your account, including any activity by authorized or unauthorized users, and you must keep your phone and messaging app secure. If you become aware of any breach of security or unauthorized use of your phone or messaging app, you must notify Textpro immediately.

    2. Subscriptions. Textpro currently offers two subscription options: Weekly and Lifetime Textpro subscriptions. Both subscriptions are identical, and include benefits and savings. The Weekly subscription is charged weekly, and includes 5 days of free access prior to incurring a charge. The Lifetime subscription requires one single payment to access benefits for life. Please see the Membership page of our Site for current features and pricing for the Textpro subscriptions. Features and prices are subject to change.

    3. Renewals. By default, all weekly Textpro subscriptions are set to automatically renew for the same period of time as the original subscription, unless you cancel such subscription at least one (1) day before the subscription period ends. Lifetime subscriptions are sufficient for life, and therefore do not require renewal.

    4. Cancellation; End of Subscription. Users who purchase a Textpro subscription may cancel such subscription at any time by including the word "unsubscribe" in a text message sent to 850-789-8776; however, all fees paid for such subscriptions are non-refundable. When a Textpro subscription is cancelled or is otherwise terminated, the account will no longer include the Textpro subscription features. For users enjoying a free trial, users must cancel one (1) day before the free trial period ends.

  5. Communications; Usage

    1. By using the Services, you agree to accept and receive communications from Textpro via email, text message, calls, and push notifications to the cellular telephone number and/or email address that you provide. You understand and agree that message and data rates may apply and that you are responsible for any overage fees or charges.

    2. It is your responsibility to provide the mobile device, wireless service, software, internet connections and other equipment needed in order to use the Services. You are solely responsible for any fee, cost or expense that you may incur to use the Services on your computer or mobile device. When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or mobile platform provider. Your use of these third-party services may be subject to the separate policies and terms of use of these third parties. We do not guarantee that the Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Services will be available in, or that orders for products or services can be placed from, any particular geographic location.

    3. As part of the Services, you may receive push notifications, text messages, alerts, emails or other types of communications. You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging, or other wireless access, including in connection with such communications. Please check with your wireless service provider to determine what fees apply to your access and use of the Services.

  6. Content Terms and Restrictions
    As used throughout these Terms, “Content” means text, messages, photos, graphics, images, audio, videos, and other materials of any and every type in all forms and mediums.

    1. Textpro Content. Textpro, and our licensors and vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by Textpro and appearing within the Services (“Textpro Content”). You may access the Textpro Content for your information and personal use solely as intended and permitted under these Terms. You shall not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Textpro Content for any other purposes without the prior written consent of Textpro. You further agree that you will not remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Textpro Content.

    2. Licenses Granted By You. Subject to the license granted herein, you retain all of your ownership rights in your Content. By submitting any Content through the Services, you grant Textpro and its successors, assigns and affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, sublicense, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and our business, including by way of example, for promoting the Services.

    3. Your Representations and Warranties. For each piece of Content that you submit, you represent and warrant that: (i) you have the right to submit to or otherwise post the Content through the Services; (ii) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (iii) you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and grant the licenses contained herein; and (iv) the Content complies with these Terms and all applicable laws.

    4. Acknowledgements. You acknowledge and agree as follows:

      1. Textpro does not permit copyright infringement or other violations of intellectual property rights through the Services, and we reserve the right to remove Content if properly notified that such Content infringes on another's intellectual property rights;

      2. Textpro is not responsible or liable for the accuracy, utility, safety, or intellectual property rights of or relating to any Content within the Services; and

      3. Textpro does not guarantee the confidentiality of any Content you submit, and you are solely responsible for your own Content and the consequences of submitting and publishing your Content through the Services.

  7. Code of Conduct

    1. In accessing the Site and using the Services, you agree that you will not:

      1. defame, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' moral, privacy or publicity rights;

      2. impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;  

      3. violate any applicable laws or regulations;

      4. submit, upload, or display any Content that: (A) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; (B) contains sexually explicit Content, pornography, or nudity; (C) contains hateful, malicious, or discriminatory Content, incites hatred towards any individual or group, or incites or advocates terrorism or violence; (D) infringes our or any third party's intellectual property or other rights; (E) contains any confidential, proprietary or trade secret information of any third party; or (F) includes any advertisements, solicitations, investment opportunities or other unsolicited commercial or chain communications or promotes the sale of goods or services;

      5. spam, hack into or deface the Site, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items;

      6. circumvent, disable or otherwise interfere with security features of the Site;

      7. harm or exploit minors; or

      8. use the Services for any commercial, advertising or solicitation uses or collect any personally identifiable information about others.

    2. Textpro has the right, but not the obligation, to monitor all conduct and all Content submitted through the Services. Failure to comply with any of the above conduct requirements will constitute a violation of these Terms and, in addition to any other rights or remedies we may have, Textpro may immediately terminate your access to and use of the Services or remove any Content that you submit, upload or display.

  8. Termination; Account Deletion

    1. Termination for Cause. Textpro may terminate, suspend or disable your access and use of the Services (or any part thereof), delete your account, or block or remove any Content you submit if Textpro determines, in our sole discretion, that you have violated any provision of this Agreement. Textpro reserves the right to determine whether Content violates these Terms. If Textpro deletes your account for any of the reasons set forth herein, you may not continue to use or re-register for the Services. Textpro may block your email address and Internet protocol address to prevent further use or registration.

    2. Effect of Termination. Upon termination, all licenses granted by Textpro will terminate automatically. Sections 6 and 8 through 13 of these Terms shall survive termination. In the event of an account deletion for any reason, Content that you submitted may no longer be available. Textpro shall not be responsible for the loss of such Content.

  9. Transaction Modifications, Cancellations and Refunds
    After a purchase is made using the Services (with the exception of Amazon purchases), no modifications or cancellations may be made, and Textpro will not be responsible for any refunds to Users. For Amazon purchases, the refunded amount will exclude the Convenience Fee.

  10. Disclaimers

    1. You use the Services voluntarily and at your own risk. The Services are provided “AS IS” and on an “as available” basis. Without limiting the foregoing, Textpro makes no representations or warranties: (i) concerning the accuracy or completeness of the Site or any Textpro Content; (ii) that any Content you submit will be stored by Textpro; or (iii) that Textpro will continue to support any particular feature of the Services. Textpro reserves the right to modify the Site and the Services.

    2. To the fullest extent permitted by law, Textpro expressly disclaims any and all warranties of any kind, whether express or implied, in connection with the SERVICES and your use of the SERVICES, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.

    3. Without limiting the foregoing, Textpro expressly disclaims, and assumes no liability or responsibility for, any: (i) any good or service purchased through the Services; (ii) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Services; (iii) errors, omissions, or inaccuracies of Content; (iv) unauthorized access to or use of the Services; (v) interruption or cessation of transmission to or from the Services; (vi) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Services; or (vii) loss or damage of any kind incurred as a result of the use of the Services, or otherwise made available through the Site, including any loss of your Content.

  11. Limitation of Liability

    1. You acknowledge and agree that, to the fullest extent permitted by law, the entire risk arising out of your access to and use of the Services and any purchases made using the Services remains with you.

    2. To the fullest extent permitted by law, TEXTPRO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CLAIM OR CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM (i) THE USE OF OR INABILITY TO USE THE SERVICES, (ii) TANGIBLE OR INTANGIBLE PROPERTY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (iii) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT, (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON SUCH SERVERS, (v) ANY INTERRUPTION OR CESSATION OF TRANSMISSION THROUGH THE SERVICES, (vi) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO, BY OR THROUGH THE SERVICES, (vii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND/OR (viii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY PURCHASES MADE THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    3. Without limiting the foregoing, Textpro’s total liability to you shall not exceed the amounts paid by you to Textpro over the twelve (12) months preceding your claim. Remedies under these Terms are exclusive and you are limited to those remedies expressly provided for in these Terms.

  12. Indemnification
    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Textpro and its respective affiliates, officers, managers, members, employees, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees arising from or relating to: (a) your access to or use of the Services; (b) your violation of any term of these Terms or any applicable law or regulation; (c) your violation of any third party right, including without limitation any copyright, property, or privacy or publicity right; or (d) any claim that your Content caused damage, harm, or loss  to a third party.

  13. General

    1. Governing Law; Venue. These Terms are made under and shall be governed by the laws of the State of New Hampshire, without regard to principles of conflicts of law. Any action arising out of or relating to these Terms or your use of the Site or the Services must be commenced in the state or federal courts located in New Hampshire, United States of America, and you consent to the jurisdiction of such courts.

    2. Entire Agreement. These Terms, including the Privacy Policy, and any other legal notices published by us on the Site, shall constitute the entire agreement between you and Textpro concerning the Site and the Services.

    3. Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect.

    4.  Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Textpro’s prior written consent. Textpro may assign these Terms without restriction.

    5. Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

    6. No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Terms & Conditions

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