Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") form a binding agreement between you and Textsflow ("Textsflow," "we," "us," or "our") and govern your access to and use of the Textsflow website, dashboard, APIs, SMS and voice services, and any related products (together, the "Services"). By creating an account, submitting a quote request, or otherwise using the Services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, please do not use the Services.

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization. Engagements that require custom scope, pricing, or terms may be documented in a separate order form or statement of work that supplements, but does not replace, these Terms.

2. Our Services

Textsflow provides a business messaging platform that lets customers send and receive SMS, MMS, voice, and related communications with their own end users. Typical capabilities include:

• Broadcast and one-to-one messaging workflows.
• Contact list management, segmentation, and opt-out handling.
• 10DLC / A2P registration support and carrier routing.
• Delivery analytics, logs, and reporting.
• APIs, webhooks, and integrations for programmatic access.
• Optional onboarding, configuration, and advisory support, including help with message templates and compliance review.

We may add, modify, or discontinue features over time. We will give reasonable advance notice of material adverse changes to paid features.

3. Accounts and Security

• Eligibility. You must be at least 18 and able to form a binding contract to use the Services.
• Accurate information. You agree to provide accurate registration details, including a valid business name, address, and contact information for carrier registration.
• Credentials. You are responsible for keeping login credentials, API keys, and access tokens confidential and for all activity under your account.
• Notification. Notify us promptly at security@textsflow.com if you suspect unauthorized access.

4. Acceptable Use

You are responsible for the messages, recipients, and consent records associated with your account. You agree that you will not, and will not permit any user of your account to:

• Send messages without prior express written consent where required by the TCPA, CAN-SPAM, CTIA guidelines, 10DLC/A2P rules, or any applicable law or carrier policy.
• Send content that is unlawful, harassing, deceptive, defamatory, obscene, or that promotes violence, hate, or discrimination.
• Send messages about SHAFT-restricted content (sex, hate, alcohol, firearms, tobacco, cannabis/CBD, gambling, loans, get-rich-quick schemes) outside the categories and age-gating methods carriers permit.
• Send phishing, malware, credential-harvesting, or other fraudulent messages.
• Ignore opt-out requests (STOP, UNSUBSCRIBE, QUIT, CANCEL, END, and similar). Opt-outs must be honored across the sender's programs within the timeframes required by law and carrier rules.
• Circumvent rate limits, filtering, or carrier registration requirements, including snowshoeing across numbers or misrepresenting the brand or campaign.
• Scrape, reverse engineer, or attempt to extract source code from the Services; probe, scan, or test the vulnerability of the Services without authorization.
• Resell, sublicense, or otherwise commercially exploit the Services without a written agreement from us.

We may investigate suspected violations and suspend or terminate accounts, throttle traffic, or withhold message delivery to protect the platform, end users, and carrier relationships.

5. Fees, Billing, and Taxes

• Pricing. Fees are described on the site, in an order form, or in a statement of work. Per-message and per-minute rates are charged for traffic sent through the Services.
• Billing cycle. Subscription fees are billed in advance; usage fees are billed in arrears. Invoices are due on receipt unless otherwise specified.
• Payment method. You authorize us (and our payment processor) to charge the payment method you provide for all fees due.
• Late payment. Overdue balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend the Services until paid.
• Taxes. Fees are exclusive of applicable taxes, which are your responsibility unless we are required to collect them.
• Refunds. Fees are non-refundable except where expressly stated or required by law.

6. No Guaranteed Outcomes

We are committed to delivering a reliable messaging platform and useful guidance, but we cannot guarantee specific business results, conversion rates, delivery rates, or return on investment. Outcomes depend on many factors outside our control, including your implementation choices, the quality of your contact list, carrier filtering decisions, recipient engagement, market conditions, and your internal operations. Past performance does not guarantee future results.

7. Our Relationship

Textsflow is an independent service provider. Nothing in these Terms creates:

• An employer-employee relationship;
• A partnership, joint venture, or agency;
• A fiduciary duty beyond what is expressly stated here; or
• Any obligation to provide services beyond the agreed scope.

You retain full decision-making authority over your business, message content, recipient lists, and compliance posture.

8. Intellectual Property

Our IP. The Services, including the website, software, dashboards, documentation, logos, and associated materials, are owned by Textsflow or our licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Services during the term of your subscription. No copying, modifying, distributing, publicly displaying, or creating derivative works is permitted without our prior written consent.

Your content. You retain ownership of the content you submit through the Services, including message content, contact lists, and configuration data ("Customer Content"). You grant us a limited license to host, copy, transmit, and display Customer Content solely to provide and improve the Services and to comply with law.

Feedback. If you send us suggestions or feedback, you grant us a perpetual, royalty-free license to use it without restriction.

9. SMS Program Terms

If you opt in to receive text messages from Textsflow (for example, account updates, quote follow-ups, or appointment reminders), the following apply:

Mobile opt-in information and consent records are never shared or sold for third-party marketing. See our Privacy Policy for details.

10. Third-Party Services and Carriers

The Services rely on carriers, aggregators, and other third-party providers whose terms and availability are outside our control. Message delivery timing and success depend on those systems, and we do not warrant uninterrupted or error-free message delivery. If you integrate a third-party tool through our APIs, you are responsible for your use of that tool and its terms.

11. Disclaimers

The Services are provided "as is" and "as available." To the maximum extent permitted by law, Textsflow disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or that any data will be preserved without loss.

Content accessed through the Services (including carrier delivery reports and analytics) is provided for informational purposes and is not a substitute for your own compliance, legal, or business judgment.

12. Limitation of Liability

To the fullest extent permitted by law:

• Textsflow is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility.
• Our total aggregate liability arising out of or related to these Terms or the Services is capped at the amount you paid Textsflow in the 12 months preceding the event giving rise to the claim, or US$100 if you paid nothing during that period.
• We are not liable for delays or failures caused by circumstances beyond our reasonable control, including acts of God, internet outages, carrier failures, labor disputes, or government action.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In such cases, our liability is limited to the maximum extent permitted.

13. Indemnification

You agree to defend, indemnify, and hold harmless Textsflow and its officers, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of (a) your Customer Content, (b) your use of the Services, (c) your violation of these Terms, (d) your violation of law or the rights of a third party, including recipients of messages you sent through the Services, or (e) your failure to obtain and maintain required consents for recipients.

14. Term, Suspension, and Termination

• These Terms remain in effect while you use the Services.
• You may cancel at any time through your account settings or by contacting us.
• We may suspend or terminate the Services, with or without notice, if you breach these Terms, if required by law, or to protect the platform or third parties from harm.
• Upon termination, your right to use the Services ends. We will make reasonable efforts to let you export Customer Content for a limited time, after which we may delete it consistent with our retention practices.
• Sections that by their nature should survive (including fees owed, IP, disclaimers, liability limits, indemnification, and governing law) will survive termination.

15. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide reasonable notice — for example, by email, in-product notice, or by updating the "Last updated" date and posting a notice on the site. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Rhode Island, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and Textsflow agree that any dispute arising out of or related to these Terms or the Services will be brought exclusively in the state or federal courts located in Rhode Island, and you consent to personal jurisdiction there. You waive any objection based on inconvenient forum.

17. General

• Entire agreement. These Terms, together with any order form, statement of work, or policy referenced here, are the entire agreement between you and Textsflow and supersede prior agreements on the same subject.
• Assignment. You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the rest will remain in effect.
• No waiver. Our failure to enforce any right is not a waiver of that right.
• Notices. We may send notices to the email associated with your account or by posting them on the site. Notices to us should go to legal@textsflow.com.

18. Contact Us