Date Updated: 5 January 2016
Date Effective: 5 January 2016
TextIt is a service provided by Trileet, Inc., a United States company ("TextIt," "Nyaruka," "we," "us," or "our"). This page explains the terms by which you may use TextIt's online and/or mobile services (your account), collectively the "Services". The Services allow authorized users to easily build and deploy custom messaging and voice applications.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You may use the Services only if you can form a binding contract with TextIt, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of these Terms. The Services is not available to any Users previously removed from the Services by TextIt.
References in these Terms to "we", "us" or "our" shall mean Trileet, Inc., Nyaruka and TextIt; references to "User" shall mean anyone who visits, uses, or otherwise accesses the Services, including you; references to "End-user" shall mean contact, or any member of the public who sends or receives an SMS, phone call, social media or email via TextIt; and references to "you" and "your" means you, your employees, contacts, agents, and contractors, and any other entity on whose behalf you accept these Terms, all of whom shall also be bound by these Terms. Please note that these Terms applied to you, the User, also apply to your account's contacts ("End-users").
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
1. Fees and Payments
1.1. Fees for Services. You agree to pay to TextIt any fees for each Services you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Services. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
1.2. Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. All payments through the Services are processed using a third-party payment processor. You acknowledge that TextIt is not liable for any breaches of credit card or debit card security or privacy.
1.3. Price Changes. TextIt may change the fees charged for the Services at any time, provided that the change will become effective only upon your next credit bundle purchase. TextIt will provide you with reasonable prior written notice of any change in fees before the change becomes effective.
1.4. Overage Fees. Unless otherwise stated, any overage fees incurred by you will be applied to the next bundle of credits purchased. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Services being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Services.
3. Your Content
3.1 Definition; Ownership. TextIt permits the uploading, transmission and receipt of information through the Services ("Content"), and the hosting, transmission, sharing, display and/or analysis of such Content. Content includes (but is not limited to) contact information, and all information sent and received through the Services via SMS, Voice, Social Media, and our TextIt Surveyor mobile application - including all information sent to your TextIt account from your contacts.
Users may use their account settings to control other Users' access to their Content upon purchase of 100,000 or more credits ("Account Permissions"). Generally, Content transmitted through the Services is only available to those with whom you choose to share such Content. TextIt will employ commercially reasonable efforts to prevent unauthorized access to Content. However, TextIt does not guarantee that your Content will be kept secure from viewing by others through your account, as this is the duty of the User once Account Permissions are enabled.
TextIt takes no responsibility and assumes no liability for any Content that you, any other Users or third parties post or send or receive via the Services. While the occurrence of which is highly unlikely as per our state-of-the-art data security practices, you understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services is solely your responsibility. We claim no ownership rights over Content created or collected by you.
3.2 License Grant to TextIt. By submitting Content to the Services, you hereby grant to TextIt a worldwide, non-exclusive, sublicensable, transferable, perpetual, irrevocable, fully paid-up, and royalty-free license to use, host, display, reproduce, modify, transmit, edit, translate and analyze your Content within the Services in any formats and through any applicable channels for the purposes of providing the applicable features and functionality of the Services, improving the way the Services works and looks, and to create new features and functionality, including without limitation the right to use information derived from your Content on an aggregated basis in order to statistically analyze Services usage. This license does not grant TextIt the right to use your Content for any other commercial purposes.
3.3 Limited License Grant to other TextIt Users. By submitting Content to the Services, in cases where you display your Content for other Users to view or when you directly exchange or otherwise provide your Content to other Users as permitted by certain Services functionality and these Terms, you hereby grant to such Users of the Services a non-exclusive license to use, display, and reproduce such Content as necessary for such Users to use the relevant Services functionality or features.
3.4. Copyright Claims (DMCA Notices). TextIt responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify TextIt for claims of copyright infringement.
3.5. Other IP Claims. TextIt respects the intellectual property rights of others, and we expect our users to do the same. If you believe a TextIt user is infringing upon your intellectual property rights, you may report it to customer support at firstname.lastname@example.org. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.
3.6. Required Rights. You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with Content, you affirm, covenant, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize TextIt and TextIt's Users to use the Content uploaded by you as necessary to exercise the licenses granted by you in this Section 3, and otherwise in the manner contemplated by TextIt and these Terms.
3.7. Content Representations. You shall be solely responsible for Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; and agree not to submit Content that: (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy. You further agree that you have the consent (written or otherwise) of each and every identifiable natural person in the Content to use such person's name or likeness in the manner contemplated by the Services and these Terms, and each such person has released you from any liability that may arise in relation to such use. TextIt reserves the right, but is not obligated, to reject and/or remove any Content that TextIt believes, in its sole discretion, violates these provisions.
3.8. Content Disclaimer. You understand that when using the Services through an account in which Account Permissions are enabled, you may be exposed to Content from a variety of sources, and that TextIt is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TextIt with respect thereto, and agree to indemnify and hold TextItt, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Content. TextIt does not endorse any Content or any opinion, recommendation or advice expressed therein or based upon such Content, and TextIt expressly disclaims any and all liability in connection with Content. If notified by a User or an owner of Content that allegedly does not conform to these Terms, TextIt may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Content, which it reserves the right to do at any time. TextIt does not permit copyright infringing activities on the Services.
3.9. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, TextIt may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, TextIt otherwise has no obligation to monitor or review any content submitted to the Services.
4.0. Third Party Resources. TextIt may publish links in its Services to internet websites maintained by third parties. While TextIt vets third party services as we deem appropriate and integrous, TextIt does not formally represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
4. TextIt IP
4.1. TextIt IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by TextIt’s Brand and Trademark Use Policy, these Terms do not grant you any right to use TextIt’s trademarks or other brand elements.
5. Account Management
5.1. Account Credentials. In order to register as a User of the Services, an email address must be provided to serve as your User identification. You may provide your own email address, or an existing User may grant you access to the Services by providing your email address.
In order to register as a User, you may also be required to create a password. It is of vital importance that you keep your password completely confidential, except from those with whom you intend to share your account. Anyone with access to your User identification and password will be able to view the confidential information that you are authorized to access and communicate with End-users as if that person were you. Additionally, anyone with access to your email account could reset your password on the Services in order to access your account on the Services as if that person were you.
You are solely responsible for preventing disclosure of your password, as well as to prevent unauthorized access to your email account, and to notify us immediately if you feel that your security has been compromised. TextIt will not be liable for any losses caused by any unauthorized use of your account.
5.2. Keep Your Account Credentials Accurate. TextIt occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
5.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, TextIt will not be liable for any extremely unlikely failure to store, or for loss or corruption of, your Content.
5.4. Account Inactivity. TextIt may terminate your account and delete any content contained in it if there is no account activity (such as a log-in event or payment) for over 12 months. However, we will attempt to warn you by email or other means before terminating your account to provide you with an opportunity to log in to your account so that it remains active, or to recover Content contained therein.
6. User Requirements
6.1. Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with TextIt. None of the Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with TextIt, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
6.2. Embargoes. You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from TextIt.
7. Acceptable Uses
7.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
8. Restrictions to Use of Service
You agree to not use the Services to:
8.1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
8.2. Harm minors in any way;
8.3. Link, upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law, or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or confidential medical information);
8.4. Link, upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party without such party's authorization;
8.5. Link, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8.6. Link, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, viruses, malware, bots, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8.7. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
8.8. Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
9. Changes and Updates
9.1. Changes to Terms. TextIt may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. TextIt may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require TextIt to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Services, you should stop using that Services, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
9.2. Changes to Services. TextIt constantly changes and improves the Services. TextIt may add or alter functionality from a Services at any time without prior notice. TextIt may also limit, suspend, or discontinue a Services or feature at its discretion. If TextIt discontinues a Services or feature, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Services. TextIt may remove content from the Services at any time in our sole discretion, although we will notify you before we do so if it materially impacts you and if practicable under the circumstances.
10. Disclaimers and Limitations of Liability
10.1. Disclaimers. While it is in TextIt’s interest to provide you with the best experience possible when using the Services, there are certain things we can not promise concerning them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND TEXTIT DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
10.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TEXTIT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF TextIt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10.3. Limitation of Liability.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEXTIT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES. UNDER NO CIRCUMSTANCES WILL TEXTIT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEXTIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING THIRD PARTY CONTENT) POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER-PROVIDED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TEXTIT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TEXTIT HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TEXTIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Services are controlled from facilities in the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. If you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government, you assume sole responsibility for all legal repercussions resulting from your use of the Services.
10.4. Businesses and 501(c) Organizations. If you are a business or 501(c) organization, you will indemnify and hold harmless TextIt and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
11. Other Terms
11.1. Assignment. You may not assign these Terms without TextIt’s prior written consent, which may be withheld at TextIt’s sole discretion. TextIt may assign these Terms at any time without notice to you.
11.2. Entire Agreement. These Terms constitute the entire agreement between you and TextIt, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
11.3. Independent Contractors. The relationship between you and TextIt is that of independent contractors, and not legal partners, employees, or agents of each other.
11.4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
11.5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
11.6. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
11.7. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
We host with Amazon Web Services, and all TextIt data is stored solely in the United States. Our servers are protected by firewalls, and all access to those servers is permitted only through encrypted channels that are FIPS-140-2 compliant, but no encryption is done on data at rest. While we employ industry-standard security practices, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Services, information may be transmitted over mediums that are beyond our control. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURES, INTENTIONAL INTRUSION, OR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICES.
13. Account ID and Password
In order to register as a User of the Services, an email address must be provided to serve as your User identification. You may provide your own email address, or an existing User may grant you access to the Services by providing your email address.
In order to register as a User, you may also be required to create a password. It is recommended that you keep your password completely confidential, except to individuals (colleagues) to which you grant access to your account. Anyone with access to your User identification and password will be able to view the confidential information that you are authorized to access and communicate with End-users as if that person were you. Additionally, anyone with access to your email account could reset your password on the Services in order to access your account on the Services as if that person were you.
You are solely responsible for preventing disclosure of your password, as well as to prevent unauthorized access to your email account, and to notify us immediately if you feel that your security has been compromised. TextIt will not be liable for any losses caused by any unauthorized use of your account.
14. Discontinuation and Suspension of the Services
If your access to the Services was granted by another User, you may discontinue use of the Services at any time by sending a message requesting this change to the User(s) that granted your access to the Services. We are not responsible for canceling your use of the Services.
If your access to the Services was not granted by another User, you may discontinue use of the Services at any time by deleting any and all payment instructions you have previously stored on the Services, deleting any and all projects you have created on the Services, and contacting us at email@example.com to request that your User account be deleted.
TextIt may periodically schedule system downtime for maintenance and other purposes. Unplanned system outages, while extremely unlikely, may also occur. TextIt shall have no liability whatsoever for (i) the resulting unavailability of the Services, (ii) any resultant delay, misdelivery, or nondelivery of information caused by third-party acts, or (iii) any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the Services.
15. Suspension or Termination of Access
If we believe you have violated these Terms or otherwise abused the use of this Services, we reserve the right, at our sole discretion, to suspend or discontinue your access to and use of the Services.
You acknowledge that you are solely responsible for the use of electronic mail, Short Message Services (SMS), phone calls, and social media in connection with the Services. You represent and warrant that you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in your use of the Services.
17. Information and Services
The Services may contain Third-Party Information and Services and involve integrations with or links to Third-Party Information and Services, as well as information and services created by Users for End-users. We do not control any such information and services and we are not responsible for their content or performance, or your use of or access to any such content. We do not operate, control or endorse any information, products or services provided by third parties, including without limitation Third-Party Information and Services. Any use of Third-Party Information and Services is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are solely responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other services.
WE DO NOT GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR TRANSACTIONS BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS.
18. No Warranty
THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEXTIT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
TEXTIT DOES NOT GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TEXTIT SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, AND TEXTIT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
19.1. General. You covenant and agree to indemnify, defend and hold harmless TextIt and its subsidiaries, affiliates, officers, directors, agents, managers, employees, contractors, partners and licensors from and against any and all claims, actions and demands (including all attorneys' fees, costs, debts, expenses, liabilities, damages and judgments arising from or related thereto) made by any third party related to or arising out of: (i) Third-Party Information or Services; (ii) User-created information or services, and content that you link, submit, post, transmit or otherwise make available through the Services or is otherwise submitted through your account; (iii) your use of or access to the Services; (iv) your connection to the Services; (v) your violation of these Terms, or your violation of any law or the rights of another, including without limitation any intellectual property rights or rights of privacy or publicity.
19.2. Costs Incurred via Mobile Networks or Third-Party Services. In addition without limiting anything contained in this Section 19, TextIt is not responsible and shall not pay any costs relating to obtaining or maintaining telephones, or any credit for sending messages by means of a mobile network or other third-party services (e.g. "Twilio"). You and any user of your services are responsible for paying all of these costs and maintaining your telephones and any accounts with third-party services, and you agree to indemnify TextIt for any costs or fees associated with such services, accounts or telephone lines.
In addition, TextIt is not responsible for reimbursing users for the use of account credits for mobile telephones or third-party services they connect to TextIt (e.g. "Twilio" or "Twitter") even if their account credit was used accidentally. You shall be responsible for payment of any such credits, and you agree to indemnify TextIt for any costs or fees associated with such accounts, servers or services.
20. Digital Millennium Copyright Act
20.1. Notice. If you are a copyright owner or an agent thereof and believe that any content being displayed or transmitted by any User through the Services infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
20.2. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, and a statement that you will accept services of process from the person who provided notification of the alleged infringement.
20.3. Effect of Counter Notice. If a counter-notice is received by our Copyright Agent, TextIt may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order, the removed content may be replaced or access to it restored 10 or more business days after receipt of the counter-notice, at TextIt's sole discretion.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying TextIt and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with TextIt's rights and obligations under the DMCA, including 17 U.S.C. section 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, TextIt has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. TextIt may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
21.1. Arbitration. For any dispute with TextIt, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that TextIt has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any TextIt claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
21.2. International Use. If you choose to use the Services outside of the United States, you will be solely responsible for any violations of local laws and regulations resulting from such use, including those governing online conduct and Content transmissions.
21.3. Notifications. TextIt may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by TextIt in our sole discretion. TextIt reserves the right to determine the form and means of providing notifications to our Users.
If you have any questions concerning these Terms, or if you would like to contact us for any other reason, please email us at email@example.com.