Terms of Service
These Terms of Service ("Terms") govern your access to and use of the TextPros platform ("Service"), operated by TextPros ("we," "us," or "our"), accessible at textpros.io. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Definitions
"Account" means the user account you create to access the Service. "Credits" means the prepaid messaging units you purchase to send SMS and MMS messages through the Service. "Content" means any text, images, or other material transmitted through the Service. "Recipient" means any individual or phone number to which you send a message using the Service.
2. Account Registration
To use the Service, you must create an account with accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@textpros.io if you suspect unauthorized access to your account.
You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
3. Credits and Billing
The Service operates on a prepaid credit model. Credits are purchased in advance and deducted as messages are sent. Credit pricing is displayed at the time of purchase and may be updated from time to time. All credit purchases are final and non-refundable except as required by applicable law or at our sole discretion.
Credits do not expire unless your account is terminated. We reserve the right to modify credit pricing with 30 days' prior notice. If you do not agree to updated pricing, you may stop purchasing additional credits and use your remaining balance.
Payment processing is handled by Stripe. By making a purchase, you also agree to Stripe's Terms of Service.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy, which is incorporated by reference into these Terms. You are solely responsible for the content of all messages you send and for ensuring that your messaging practices comply with all applicable laws and regulations.
5. Messaging Compliance
5.1 TCPA Compliance
You agree to comply with the Telephone Consumer Protection Act (TCPA) and all related regulations. This includes, but is not limited to, obtaining proper prior express written consent from recipients before sending marketing or promotional messages, honoring opt-out requests promptly, and maintaining records of consent.
5.2 10DLC Registration
For messages sent to U.S. phone numbers, you are required to register your brand and messaging campaigns through the 10DLC (10-Digit Long Code) registration process. You agree to provide accurate business information during registration, maintain compliance with carrier requirements, and promptly update your registration if your business details change. Failure to register or maintain 10DLC compliance may result in message filtering, delivery failures, or account suspension.
5.3 CAN-SPAM and Other Regulations
You agree to comply with all applicable messaging regulations, including the CAN-SPAM Act, CTIA guidelines, carrier policies, and any state or local laws governing electronic communications.
5.4 Opt-Out Handling
You must honor all opt-out requests (including "STOP" keyword replies) within the timeframe required by law. The Service provides automated STOP keyword handling. You may not attempt to circumvent, disable, or interfere with this functionality.
6. Prohibited Conduct
You agree not to:
- Send unsolicited messages (spam) or messages to recipients who have not provided consent
- Transmit content that is fraudulent, deceptive, misleading, or constitutes phishing
- Send messages containing illegal content or promoting illegal activities
- Use the Service to harass, threaten, or abuse any individual
- Attempt to gain unauthorized access to other accounts or our systems
- Reverse-engineer, decompile, or otherwise attempt to extract the source code of the Service
- Resell, sublicense, or redistribute access to the Service without our prior written authorization
- Use the Service in any manner that could damage, disable, or impair the Service
- Circumvent rate limits, sending restrictions, or other technical controls
7. Content Responsibility
You are solely responsible for all Content transmitted through the Service. We do not review, approve, or endorse any Content sent by users. We reserve the right, but have no obligation, to monitor Content for violations of these Terms or applicable law. If we become aware of Content that violates these Terms, we may remove it, suspend message delivery, or take other action as we deem appropriate.
8. Intellectual Property
The Service, including its design, features, code, and documentation, is owned by TextPros and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You retain ownership of the Content you send through the Service.
9. Privacy
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information.
10. Service Availability and Modifications
We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may modify, suspend, or discontinue features of the Service at any time. We will make reasonable efforts to provide advance notice of material changes. Message delivery depends on third-party carriers and is not guaranteed.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEXTPROS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO TEXTPROS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
We are not liable for message delivery failures caused by carrier filtering, recipient device issues, incorrect phone numbers, or any other factors beyond our reasonable control.
12. Indemnification
You agree to indemnify, defend, and hold harmless TextPros and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) the Content you send through the Service; or (d) your violation of any applicable law or regulation.
13. Termination
You may close your account at any time by contacting support@textpros.io. We may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, suspected fraudulent activity, or carrier complaints.
Upon termination, your right to use the Service ceases immediately. Any unused credits at the time of termination are forfeited unless termination was due to our error, in which case we will refund the remaining credit balance. Sections of these Terms that by their nature should survive termination shall remain in effect.
14. Dispute Resolution
Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and enforceable in any court of competent jurisdiction. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
15. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or through a notice within the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
16. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.
17. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and TextPros regarding the Service and supersede all prior agreements.
19. Contact
For questions about these Terms, contact us at support@textpros.io.