TXTImpact Terms and Condition

Welcome to TXTImpact! We are so happy that you’re interested in knowing our products. This is our terms of service, which governs the use of all our services.

By accessing or using our website (www.txtimpact.com) or any of our SMS, messaging, or related communication services (collectively, the “Services”), you agree to these Terms & Conditions (the “Terms”). If you do not agree to these Terms, you may not use the Services.

“TXTImpact,” “we,” “us,” and “our” refer to TXTImpact. “You” or “Customer” refers to any individual or entity using the Services.

1. These Terms govern your use of the Services provided by TXTImpact.
2. “Services” include, without limitation: SMS, MMS, RCS/rich messaging, bulk & two-way texting, keywords, short codes, toll-free numbers, 10DLC numbers, APIs, web applications, and related support.
3. These Terms incorporate all policies posted on our website, including the Privacy Policy, Acceptable Use Policy, Anti-Spam Policy, and 10DLC/Carrier Compliance Guidelines.
4. By registering an account, uploading contacts, sending messages, or otherwise using the Services, you represent and warrant that you:
   1. Have authority to bind yourself and/or your organization, and
   2. Agree to be bound by these Terms.

1. You must be of legal age in your jurisdiction or have authority to act on behalf of an entity.
2. You must provide accurate and up-to-date registration information.
3. You are responsible for safeguarding all account credentials, including logins, API keys, and tokens.
4. You are responsible for all activity under your account.
5. We may suspend or terminate your account if we suspect fraud, abuse, or violation of these Terms or applicable law.

1. You agree to comply with:
   1. These Terms;
   2. All applicable laws and regulations (including the TCPA, CAN-SPAM, TSR, and state privacy/consumer-protection laws);
   3. CTIA and carrier messaging guidelines.

2. You represent and warrant that:

   1. You have obtained all required opt-in consent before sending messages.
   2. Your messaging practices, content, and data handling comply with all applicable laws and carrier rules.
   3. All messages include a valid opt-out mechanism (e.g., “Reply STOP to opt out”).
   4. You promptly honor all STOP/unsubscribe, Do-Not-Text, and Do-Not-Call requests.
   5. You will not use the Services for unlawful, deceptive, abusive, emergency, or restricted purposes.

3. Prohibited uses include, but are not limited to:

   1. Sending unsolicited or spam messages,
   2. Illegal, harmful, obscene, or fraudulent content,
   3. Promoting illegal activities,
   4. Impersonation or spoofing,
   5. Violating 10DLC/CTIA guidelines,
   6. Interfering with our systems or platforms.

4. You understand that message delivery is not guaranteed and depends on carriers, networks, and other third-party factors outside TXTImpact’s control.

1. By creating an account, you authorize us to contact you regarding billing, account issues, service alerts, and operational notices. Message frequency may vary.
2. If you opt in to marketing communications, you may receive promotional SMS or email. You may opt out at any time.
3. Your phone number will not be shared with third parties for marketing or promotional purposes.
4. Reply HELP for help. Reply STOP to stop. Message and Data rates may apply.
   1. Privacy policy: https://www.txtimpact.com/privacy
5. You must keep your contact details current; failure to receive notices due to outdated information does not relieve your obligations.

1. Access to the Services requires payment of the fees published on our website or in a written order.
2. Plans may include subscriptions, usage-based charges, and/or prepaid credits.
3. By providing payment information, you authorize TXTImpact and its processors to charge all applicable fees, taxes, surcharges, and carrier fees.
4. Auto-renewals: Subscription plans automatically renew unless cancelled.
5. Non-payment: We may suspend or terminate your account and charge late fees where permitted by law.
6. Pricing changes: Material changes will be communicated with advance notice (e.g., 30 days). Continued use after the effective date constitutes acceptance.
7. Refunds: Unless otherwise specified:
   • All fees are non-refundable,
   • Prepaid amounts are non-refundable except as required by law.
8. You are responsible for all taxes and telecom surcharges.
9. Billing disputes must be reported in writing within 90 days.

1. Credits may be consumed differently depending on country, message length, type (SMS/MMS/RCS), and carrier routing.
2. Credits are deducted when a message is submitted, not necessarily delivered.
3. We may adjust credit consumption rates to reflect carrier or infrastructure cost changes.
4. Unless stated otherwise:
   • Subscription credits expire at the end of each billing cycle;
   • Top-up credits expire based on their stated validity period (e.g., 12 months).
5. Enterprise agreements may specify alternative rules.

1. We use commercially reasonable efforts to maintain service availability but do not guarantee uninterrupted or error-free performance.
2. We are not liable for outages or issues caused by carriers, ISPs, aggregators, third-party providers, user equipment, or force majeure events.
3. Integration with third-party software or services is at your own risk.

1. TXTImpact owns all intellectual property rights in the Services, including software, designs, APIs, documentation, and trademarks.
2. You receive a limited, non-exclusive, revocable license to use the Services for your internal business purposes.
3. You may not reverse engineer, resell, sublicense, or misuse the Services.
4. You retain ownership of all content and data you upload (Customer Data). You grant TXTImpact a license to use such data as necessary to provide the Services and comply with legal requirements.

1. TXTImpact may modify or discontinue Services at any time.
2. SMS/MMS communications are unencrypted and may be intercepted; you assume responsibility for transmitting sensitive data.
3. We are not responsible for third-party failures or network disruptions.
4. The Services are provided “as is” and “as available”, without warranties of any kind.
5. We are not liable for indirect, incidental, punitive, or consequential damages, including loss of profits, data, or business.
6. Liability Cap: TXTImpact’s aggregate liability will not exceed one (1) month of fees paid by you before the event giving rise to the claim. For free plans, liability is capped at USD $100.

1. You warrant that you have the legal right to use the Services and that your activities will comply with all applicable laws.
2. You agree to indemnify and hold harmless TXTImpact, its affiliates, employees, and partners from any claims arising out of:
   • Your use of the Services;
   • Your violation of laws or third-party rights;
   • Your content or messaging activities.
3. You must cooperate in TXTImpact’s defense of any claim for which indemnification is required.

1. TXTImpact may suspend or terminate your access for violations, legal risks, non-payment, fraud, or at the request of carriers/regulators.
2. You may cancel your account at any time; cancellation is effective immediately.
3. Upon termination:
   • Your access ceases,
   • Data may be deleted per retention policy,
   • Outstanding fees remain payable,
   • Certain sections of these Terms survive (6, 8, 9, 10, 12, 13).

1. Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration, except where small-claims or injunctive relief applies.
2. Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules by a single arbitrator.
3. Either party may pursue small-claims actions where permitted. TXTImpact may seek injunctive relief for unauthorized use or IP violations.
4. Class Action Waiver: All disputes must be brought individually. You waive the right to participate in class or representative actions.
5. This Section survives termination.

1. These Terms, together with linked policies, are the entire agreement between you and TXTImpact.
2. We may update these Terms; material changes will be notified via website or email. Continued use constitutes acceptance.
3. Governing Law: These Terms are governed by the laws of New Jersey, with exclusive venue in the State of New Jersey, except where arbitration controls.
4. You may not assign these Terms without our consent. We may assign them in connection with corporate transactions.
5. If any provision is unenforceable, the remaining Terms remain in effect.
6. Our failure to enforce a provision does not constitute a waiver.
7. Notices to TXTImpact must be sent to:

TXTImpact: 228 Park Avenue South10003, New York United States