Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of HeyTxtMe, operated by Acme Corporation, a Utah Corporation ("we," "our," or "us"). By accessing or using our service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not use our service.

2. Description of Service

HeyTxtMe is an SMS messaging platform that allows users to send immediate or scheduled text messages to groups with personalized links. Our service includes:

• Contact and group management
• SMS message scheduling and delivery
• Response tracking and analytics
• Short URL generation for SMS links
• Credit-based billing system

3. Account Registration and Security

To use our service, you must create an account using a valid phone number. You are responsible for:

• Providing accurate and complete information
• Maintaining the security of your account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4. Acceptable Use Policy

You agree to use our service only for lawful purposes and in accordance with these Terms. You may not use our service to:

• Send spam, unsolicited commercial messages, or bulk messaging
• Transmit any content that is illegal, harmful, threatening, abusive, or offensive
• Send sexual content, adult content, or sexually explicit material
• Engage in harassment, stalking, or threatening behavior
• Conduct phishing, fraud, or any deceptive practices
• Send malware, viruses, or other harmful code
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Impersonate others or misrepresent your identity
• Interfere with or disrupt our service or servers
• Attempt to gain unauthorized access to our systems
• Use our service for any unlawful or prohibited purpose

5. TCPA Compliance and Consent

You are solely responsible for ensuring compliance with the Telephone Consumer Protection Act (TCPA) and all applicable SMS regulations. You represent and warrant that:

• You have obtained proper consent from all message recipients
• You will honor all opt-out requests immediately
• You will comply with all applicable SMS marketing laws
• You will not send messages to numbers on the Do Not Call Registry without proper consent

6. Usage Limits and Fair Use

To ensure fair use and prevent abuse, the following limits apply:

• Rate Limits: Maximum of 10 messages per user per day
• Account Monitoring: We monitor accounts for compliance and may impose additional limits
• Content Review: We reserve the right to review and monitor message content
• Abuse Prevention: Accounts showing suspicious activity may be limited or suspended

7. Billing and Payment

Credits System

• Our service operates on a credit-based system where 1 credit = 1 SMS message
• New users receive 100 free credits upon registration
• Additional credits can be purchased at $5 per 100 credits
• Credits do not expire but are non-refundable

Payment Terms

• All payments are processed through Stripe
• Payment is due immediately upon credit purchase
• Failed payments will result in inability to send additional messages
• No refunds are provided for unused credits

Price Changes

We reserve the right to modify our pricing with 30 days' written notice. Price changes will not affect credits already purchased.

8. Service Availability

We strive to maintain 99% uptime for our service. However, we do not guarantee uninterrupted service and may experience downtime due to:

• Scheduled maintenance (with 24 hours' notice)
• Emergency maintenance or security updates
• Third-party service outages
• Network or infrastructure issues

9. Support

We provide email support with a target response time of 48 hours. Support is available at [email protected]. As a solo developer operation, response times may vary during holidays or emergency situations.

10. Account Suspension and Termination

We may suspend or terminate your account immediately, without notice, if you:

• Violate these Terms of Service
• Engage in prohibited activities listed in Section 4
• Fail to comply with TCPA or SMS regulations
• Use our service for fraudulent purposes
• Repeatedly exceed usage limits
• Provide false information during registration

Upon termination, you forfeit all unused credits and lose access to all data and content associated with your account.

11. Data and Privacy

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your information.

We do not provide data export services. Upon account termination, all data is permanently deleted according to our data retention policies.

12. Intellectual Property

The HeyTxtMe service, including all content, features, and functionality, is owned by Acme Corporation and protected by copyright, trademark, and other laws. You may not:

• Copy, modify, or create derivative works of our service
• Use our trademarks or branding without permission
• Reverse engineer or attempt to extract source code
• Use our service to build competing products

13. Disclaimers and Limitation of Liability

OUR SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS LESS.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

14. Indemnification

You agree to indemnify, defend, and hold harmless Acme Corporation and its officers, directors, employees, and agents from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of our service; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your violation of applicable laws or regulations; or (e) any content you submit through our service.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.

Any disputes arising from these Terms or our service shall be resolved exclusively in the state or federal courts located in Utah County, Utah. You consent to the personal jurisdiction of such courts.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide 30 days' notice of material changes by posting the updated Terms on our website and sending notice to your registered email address. Your continued use of our service after such notice constitutes acceptance of the modified Terms.

17. Service Changes

We may modify, suspend, or discontinue our service or any part thereof at any time. For major feature changes or removals, we will provide 60 days' notice when commercially reasonable. We are not liable for any modification, suspension, or discontinuation of our service.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: