Terms of Use

TxtSquad Inc. provides services, through both mobile applications and online websites (collectively, “Apps” or “Services”), which help companies serve and sell to their customers over text messaging.

TxtSquad Inc. (“we”, “our”, or “TxtSquad”) provides these Services subject to this Terms of Use (“Terms” or “Agreement”).

These Terms serve as a legal agreement between the person or organization (“Customer” or “you”) and TxtSquad. These Terms become binding upon access and use of our Services. If you do not agree to be bound by these Terms, you must not access or use TxtSquad Services.

Privacy Policy

In using our Services, you acknowledge you have read and consented to TxtSquad’s Privacy Policy as available online at https://www.txtsquad.com/privacy.

Account Registration

In order to access and use our Services, you are required to become a registered user (“User”) by creating an account with TxtSquad (“account”). All information provided to TxtSquad in registration of an Account must be true, accurate, current and complete. This includes representing that you are the legal age to form a binding contract, and not barred from using the Services under the laws of your place of residence or any other applicable jurisdiction. Failure to comply with these requirements in creation of an Account may lead to termination of Service as outlined in Section 9.

Access and Use of Service

In accessing our Services, you must be in strict compliance with Applicable Law. “Applicable Law’ includes all laws, rules and regulations that may be applicable to you and your organization in use of our Services. TxtSquad has no requirement to alert you of potential laws that may be applicable to you in using our Services, and will accept no liability to do so.

Restrictions

In accessing our Services, you agree that you:

(a) Shall not permit any third party to access the Services except as permitted herein;

(b) Shall not create derivative works based on the Services;

(d) Shall not Reverse engineer the Services

(e) Shall not access the Services to build your own competitive service

(f) Shall not transfer, resell, lease, license, rent, assign, reproduce or otherwise make available our Services to a third party

(g) Shall not bypass or breach any security device or protection measures to access or use our Services;

(h) Shall not damage, destroy, disrupt, disable, or impair with the Service in anyway, whether provided to you or a third party.

Content Requirements

While accessing or using our Services, you agree that any Content (including information, data, text, software, music, photo graphics, graphics, video, messages, text, and/or other materials) that you transmit, upload, or otherwise make available to third parties (such as your customers) is entirely your responsibility.

In accessing or using our Services, you acknowledge that TxtSquad has no obligation to monitor the Content sent to third parties.

Promotions

Any promotion, including but not limited to free trials of our Services, may be cancelled or changed at any time.

Payment Terms and Pricing

In using our Services, you agree to the following:

(a) Unless otherwise noted, payment of fees for using our Service are due on the due date, and we reserve the right to change interest on all undisputed late payments.

(b) You consent to automatic renewal of our Services unless you cancel your subscription via the App or by providing written notice to us.

(c) You acknowledge that we may change, including increase, the fees for using our Services providing any increase is communicated to You within a 30-day time period.

Ownership and Confidentiality

In using our Services, you agree to the following:

(a) TxtSquad exclusively owns and reserves the right to all right, interests, and title in the Services offered.

(b) TxtSquad welcomes feedback on our Services, but any submitted suggestions or other feedback provided by you to TxtSquad grants a fully paid, royalty-free, perpetual, non-exclusive, irrevocable right and license for TxtSquad to use, reproduce, perform, adapt, or otherwise commercially exploit the feedback in any manner.

(c) Any information or data, regardless of whether in tangible form, disclosed by either you or TxtSquad in use or provision of the service may be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. This does not include information which is publicly available through no fault of the receiving party. Both you and TxtSquad agree to not use such confidential information except as necessary to perform the obligations of this agreement.

Remedies

If TxtSquad becomes aware of possible violations by you of the Terms, TxtSquad reserves the right to investigate such violations and termination your use of Service without warning. If, as a result of the investigation, TxtSquad believes criminal activity has occurred, TxtSquad reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.

If TxtSquad terminates your use of Service, you may be barred with accessing the Services in the future.

Warranties and Disclaimers

(a) TxtSquad, to the extent permitted by applicable law, disclaims any and all warranties, representations and conditions of any kind, whether express or implied, including but not limited to warranties of merchantability, title, non-infringement, and fitness for purpose.

(b) TxtSquad makes no warranty, representation or condition that the use of the Service will be uninterrupted, timely, secure, or error-free; will meet your requirements; will be accurate or reliable; and that errors will be corrected.

(c) TxtSquad makes no warranty, representation or condition that Service will not be subject to cancellation, delay, or other disruption.

(d) TxtSquad has no liability for the conduct of third parties.

(e) You will hold TxtSquad and its affiliates, including officers, directors and employees, harmless against an actual or threatened claim, loss, expensive, liability or enforcement action posting out of or relating to use of our Services. You will defend and indemnify TxtSquad as required to achieve this term.

(f) Except for liability arising out of Section 8 or Subsection 10(e), under no circumstances may either pay be liable to the other party for an indirect, special, incidental, consequential, or punitive damage of any character, whether in Tort law, Contract law, or otherwise.

Governing Law

These Terms will be governed by and interpreted according to the laws of the province of Newfoundland and Labrador, Canada, without regard to conflicts of laws and principles that would cause the laws of another jurisdiction to apply. In using our Services, you consent to the personal jurisdiction of these courts.

Changes to Terms

These Terms are subject to change at any time. We will take reasonable steps to notify you of any material changes or modifications to these Terms by updating this webpage. To ensure you have the most current version of these Terms, please regularly check this webpage. Your continued use of TxtSquad Services will be deemed to be conclusive acceptance of any changes or modification of these Terms.

Changes to Services

TxtSquad may at any time, without notice or liability, change Service offerings including features in the App.