TextSanity Terms of Use

Overview

Welcome to TextSanity! We are a subscription service that provides our members with access to automated text messaging and lead generation services.

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, “TextSanity service,” “our service” or “the service” means the service provided by TextSanity for telephone messaging and lead generation, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy (www.textsanity.com/privacy-policy), govern your use of the TextSanity service. By using, visiting, or browsing the TextSanity service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the TextSanity service. The TextSanity service is provided by TextSanity, LLC.

Changes to Terms of Use

TextSanity may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.

Privacy

Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Communication Preferences

By using the TextSanity service, you consent to receiving electronic communications from TextSanity relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the TextSanity blog, or in the “Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with TextSanity. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new TextSanity features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, you may unsubscribe via the link provided in the footer of each of these communications.

Ongoing Membership

Your TextSanity membership will continue month-to-month or year-to-year and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the TextSanity service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month or year in order to avoid billing the  next month or year’s membership fees to your Payment Method.

Differing Memberships

We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with TextSanity by logging into our website and clicking on the “Account” link. We are not responsible for the products and services provided by third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Recurring Billing

By starting your TextSanity membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the TextSanity service, such as text message limit excess, taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to text message limits and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

Price Changes

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Message Constitution

Your subscription plan is based on a set number of message credits. A message credit  is defined by 160 characters in the GSM 03.38 character set. Each message that is sent or received by a TextSanity phone number in excess of this 160 character threshold will be counted against the total period message allotment to the extent of the total character count of the message divided by the 160 character limit. Base plans allow for up to 14,000 recipients per message being sent at a rate of 1 message / second. These rates will increase substantially if using a toll-free number or a short code.

Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them – this is referred to as “consent”, you must make clear to the individual they are agreeing to receive messages of the type you’re going to send.

Messages sent from your TextSanity account must abide by our forbidden content policy. Accounts that violate this policy are subject to their messages being filtered or their account suspended. Message content must keep clear of these forbidden categories. Listed below are the forbidden categories

High-risk financial services

Third-party lead generation services

Debt collection or forgiveness

“Get rich quick” schemes

Illegal substances

Gambling

“S.H.A.F.T.” use cases (Sex, Hate, Alcohol, Firearms, Tobacco)

Billing Cycle

The membership fee for our service will be billed at the beginning of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your TextSanity membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the “Account” link to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods

You may edit your Payment Method information by visiting our website and clicking on the “Account” link, available at the top of the pages of the TextSanity website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation

You may cancel your TextSanity membership at any time, and you will continue to have access to the TextSanity service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNVIEWED TextSanity LEADS. To cancel, go to the “Account” age on our website and edit your plan details. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, visit the “Account” page. CLICK THE “ACCOUNT” LINK AT THE TOP OF ANY TextSanity WEB PAGE (app.textsanity.com) TO FIND CANCELLATION INSTRUCTIONS.

TextSanity Service

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the TextSanity service. Individuals under the age of 18, or applicable age of majority, are not authorized to utilize the service.

The TextSanity service and any information received through our service are for your personal and commercial use. During your TextSanity membership, we grant you a limited, non-exclusive, non-transferable, license to access the TextSanity service and receive TextSanity leads through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to share the service with any other person.

We continually update the TextSanity service, and we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of TextSanity leads, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

You agree to use the TextSanity service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the security measures used to protect the TextSanity service; use any robot, spider, scraper or other automated means to access the TextSanity service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the TextSanity service; insert any code or manipulate the content of the TextSanity service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TextSanity service, including any software viruses or any other computer code, files or programs.

TextSanity software is developed by, or for, TextSanity and is designed to enable automated text message conversations and capture personally identifiable information through the Internet. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE TextSanity SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF VIEWING DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the TextSanity service. If the device on which you access TextSanity is sold, lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the TextSanity service through your account and may be able to access your account information.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Passwords & Account Access

The member who created the TextSanity account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the TextSanity account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting TextSanity Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

In order to provide you with ease of access to your account and to help administer the TextSanity service, TextSanity implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the TextSanity service.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the TextSanity website and not through a hyperlink in an email or any other electronic communication, even if it looks official. TextSanity reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. TextSanity is not obligated to credit or discount a membership for holds placed on the account by either a representative of TextSanity or by the automated processes of TextSanity.

Disclaimers of Warranties and Limitations on Liability

THE TextSanity SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TextSanity SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TextSanity DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TextSanity SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TextSanity SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TextSanity SOFTWARE.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TextSanity, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Promotions

From time to time, promotional codes may be available, including those provided as part of a third-party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, subject to certain restrictions as determined by TextSanity in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

Intellectual Property

The TextSanity service is protected by copyright, trade secret or other intellectual property laws and treaties. TextSanity is a registered trademark of TextSanity, LLC.

Governing Law

Terms of Use shall be governed by and construed in accordance with the laws of the state of Nevada, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the TextSanity service. These Applications may import data related to your TextSanity account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and TextSanity is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY TextSanity AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

Use of Information Submitted

TextSanity is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the TextSanity service, including the TextSanity website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the TextSanity service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note TextSanity does not accept unsolicited materials or ideas for TextSanity content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TextSanity. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against TextSanity and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

Customer Support

To find more information about our service and its features, or if you need assistance with your account, please visit TextSanity Help Center (www.textsanity.com/contact).

Survival

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.