Terms of Service

1. Eligibility

2. Description of the Service

Textly provides communication and automation features, including:

• SMS messaging
• Voice calling
• AI-assisted responses and automation
• Account and number management

The Service may change over time. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

3. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Ensuring that information you provide is accurate and up to date
• You must notify us immediately of any unauthorized use of your account.

4. Account Owners & Sub-Users

If you add or allow other users (such as family members or dependents) to access your account:

• You are responsible for all activity performed under your account
• You are responsible for ensuring sub-users comply with these Terms
• Charges incurred by sub-users are your responsibility
• We do not manage or verify relationships between account holders and sub-users.

5. Communications & Consent

You represent and warrant that:

• You have permission and legal authority to message or call any phone number you add to your account
• You comply with all applicable laws, including TCPA, carrier rules, and local regulations
• You will not use the Service for spam, harassment, fraud, or illegal activity
• Message and data rates may apply depending on your carrier and plan.
• We are not responsible for communications sent by users through the Service.

6. AI-Generated Content

The Service may generate responses using automated systems and artificial intelligence.

You acknowledge that:

• AI output may be inaccurate, incomplete, or inappropriate
• AI responses are not professional advice
• You are solely responsible for how you use AI-generated content
• We make no guarantees regarding the accuracy or reliability of AI outputs.

6.1 Non-Emergency Use

The Service is not intended for emergency use and should not be relied upon for emergency services. If you require emergency assistance, call 911 or your local emergency number.

7. Prohibited Uses

You agree not to use the Service to:

• Violate any law or regulation
• Send unsolicited or unauthorized communications
• Harass, abuse, threaten, or harm others
• Transmit malware, spyware, or malicious code
• Attempt to access systems or data without authorization
• Interfere with or disrupt the Service

We reserve the right to investigate and take action against violations.

8. Payments, Billing, and Subscriptions

If you sign up for a paid plan or trial:

• Trials may be paid or discounted and convert automatically to a paid subscription unless canceled before the trial ends
• Subscriptions renew automatically on a recurring basis
• Your plan may include usage limits
• If you exceed included usage, additional usage may be billed at applicable overage rates
• We may change fees, plan features, or overage rates from time to time. We will provide notice of material changes where required by law.
• If you cancel, your subscription remains active until the end of the current billing period. We do not provide refunds or credits for partial periods, except where required by law.

You authorize us to charge your payment method for:

• Subscription fees
• Usage-based charges
• Applicable taxes
• Fees are non-refundable except where required by law.

9. Suspension and Termination

We may suspend or terminate your access to the Service at any time if:

• You violate these Terms
• Your use creates legal or security risk
• We are required to do so by law

You may stop using the Service at any time.

Termination does not relieve you of payment obligations incurred prior to termination.

10. Intellectual Property

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

We disclaim all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• We do not guarantee uninterrupted, secure, or error-free operation.

12. Limitation of Liability

To the maximum extent permitted by law:

• Textly is not liable for indirect, incidental, special, or consequential damages
• Our total liability will not exceed the amount you paid us in the last 12 months
• Some jurisdictions do not allow certain limitations, so some may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless Textly from any claims, damages, or expenses arising from:

• Your use of the Service
• Your communications
• Your violation of these Terms or applicable laws

14. Governing Law, Arbitration, and Class Action Waiver

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Mandatory Arbitration:

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if eligible.

The arbitration will be conducted on an individual basis. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Class actions and class arbitrations are not permitted.

Class Action Waiver:

You agree that any dispute must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

15. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

16. Changes to These Terms

We may update these Terms from time to time.

Continued use of the Service constitutes acceptance of the updated Terms.

17. Contact Information

If you have questions about these Terms, contact us at:

Textly

Email: textly.space@gmail.com