Terms & Conditions of Use
Last Modification: January 2020
The following terms and conditions comprise of the Terms of User (“Terms” “Agreement”) for the use of the TextMyLink website, services, and application. Users (“you” “your”) are strongly advised to read the following terms and conditions carefully, as they are the entirety of the agreement by and between TextMyLink and users of TextMyLink.
1. About TextMyLink
TextMyLink was created and operates to plan gatherings between friends and families. Users create an event, customize the link provided, utilize the TextMyLink application to notify their guests and invitees of the event, guests provide their information to confirm their attendance, users may export that information for cards and formal invitations, and users may utilize TextMyLink to send their guests and invitees event reminders. Users may, by using TextMyLink, build an online address book, mass text invitees, and monitor their guests addresses. Users may not utilize the application for harassment campaigns, continued texting of persons who have opted out of being texted, or otherwise act improperly. Users are solely liable and responsible for their activities and for messaging their guests and invitees. Users are solely responsible for and to the people they message and for the actions of such individuals.
2. Account Creation
User shall create an account that provides sufficient information for the account to be considered created. TextMyLink may, at its discretion, verify a user’s account. Failure to fully create an account may render the account invalid and result in its automated deletion. You shall, as a user, provide accurate and truthful information. Should your information be inaccurate, harmful, or deceitful, it will result in your account being suspended in a prompt manner. An account must include your name, address(es), phone number, email, and other necessary information. When you create a list of individuals to message for your event, you shall provide their numbers, and represent that you are permitted to send texts to them.
3. Payment
Users are solely responsible for entering the correct payment information. TextMyLink utilizes Apply Pay, and users are advised to consult Apply Pay’s terms & conditions. TextMyLink shall make charges against your payment information when necessary and will make it clear that such charges are occurring. There shall be no refunds once you, the user, opt into activity utilizing TextMyLink’s services, and you irrevocably represent and understand that the no refund policy is not negotiable.
The subscription and price rate for varying subscriptions is provided on the application and TextMyLink website. It may be updated from time to time. When it is updated you may be notified of the update and change in costs. You may be notified if the change will affect you and your account.
4. Twilio Fees and Subscriptions
By creating a Twilio number you subject TextMyLink to charges and fees from the Twilio service. Such charges may be passed to you. Should you opt to discontinue your subscription or your subscription expires, your Twilio number may be reassigned. Your information will not be shared with the new holder of the number. However, when such assignment occurs, you are not guaranteed to receive the same or similar Twilio number. Should you renew your subscription to TextMyLink’s services and application, you will be assigned a Twilio number and be able to resume use of the application.
5. Credit/Debit Card Use
By providing payment information to Apple Pay for us to utilize, users expressly warrant and represent that they are authorized to use that card. They shall not ‘charge back’, ‘cancel’, or void the charges. In the event of identity theft, users are responsible for filing a police report and will, should TextMyLink request it, provide a copy of such report to TextMyLink.
6. Number Assignment
You will be provided with a Twilio phone number, which you may use to text your guests and invitees. Users are responsible for all data plan charges that they may incur, and charges their guests and invitees may incur for receiving such texts. As stated elsewhere herein, you are solely responsible for any and all additional charges incurred, including by your carrier or your guest and invitee’s respective carriers.
7. Prohibition on Businesses
TextMyLink’s application is designed solely for individuals planning intimate gatherings between friends and family. It is explicitly NOT for businesses to use, whether for marketing purposes, event planning, or other activities by which a business may monetize TextMyLink or create liabilities for TextMyLink. You, the user, explicitly warrant and represent that you are not, in any manner, a business, acting on behalf of a business, representing a business, or otherwise improperly utilizing TextMyLink’s application.
8. Data Protection Laws
You agree to follow all local, state, and federal laws when using the application. You will not violate any data protection laws or laws involving marketing prohibitions. Should you do so you may be held fully and solely liable for all acts of wrongdoing. Further, you agree to hold all personally identifying information that you may possess in the utmost of confidence and treat it with care. Similarly, TextMyLink agrees that all personally identifiable information shall be treated with care, destroyed when practical and possible, and shall endeavor to prevent spam or marketing hubris.
9. Compliance with Laws and Law Enforcement
TextMyLink cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of TextMyLink or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
10. TextMyLink’s Use of Account Information
You hereby grant that TextMyLink may, at its discretion, email, text, or otherwise contact you relating to marketing and advertisement opportunities. We may notify you of updates, changes, and alterations on an as needed basis. Out third-party applications and associates may utilize your account information and activity for their marketing analytics research and we may use your activity to better understand how to provide efficient and quality services to you.
11. Account Termination
TextMyLink reserves the absolute right to access, suspend, and/or delete your account. Such activity may occur as a result of criminal mischief, breach of this Agreement, or improper activities, which may, at times, include immoral, scandalous, demeaning, disparaging, or otherwise harmful language.
You, as the user, may terminate your account at your discretion. Such termination shall be handled by you emailing the TextMyLink support account. TextMyLink reserves the right to retain any and all information in and around your account for at least one year after the date of termination.
12. Limitation of Use
Users are specifically prohibited and barred from utilizing TextMyLink application and service to spam numbers, engage in marketing practices, prank lists, or otherwise engage in unethical and potentially illegal activities. Users are and consent that their activity may, in addition to this Agreement, be governed by the CTIA Principles & Practices guidelines and applicable federal laws.
13. Our Policy Toward Children
The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without the parent or guardian’s consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will immediately delete such information from our files.
14. Intellectual Property
All users, site visitors, and entities that may frequent the website or application of TextMyLink are strictly prohibited from infringing upon the TextMyLink website or application. This includes a strict prohibition on attempting to decompile, reverse engineer, copy, emulate, or otherwise infringe upon, divulge, discern, or unlawfully discover TextMyLink’s intellectual properties, including trade secrets, patents, copyrights, and trademark. Should you cause damage to TextMyLink’s intellectual properties or copy TextMyLink’s properties, you agree that TextMyLink is entitled to injunctive relief. You also agree that should you infringe upon TextMyLink’s intellectual properties, you may be liable for punitive, special, and/or liquidated damages.
15. Limitation of Liability
You hereby accept full and total assumption of the risks in utilizing the TextMyLink application, services, and communications system hereof. Should you violate federal or state law you shall be solely responsible and may be held liable by TextMyLink for any and all damages suffered by TextMyLink LLC.
You acknowledge and accept that there is an assumption of risk for loss of property, including theft, damage, or other losses such as devaluation due to improper handling. You are solely liable for such damages and hereby relieve TextMyLink of any liability arising from such damages.
Release. You understand and represent that TextMyLink is solely a communication application and you release and indemnify TextMyLink from any and all liabilities that may arise from your use of the TextMyLink application.
Reasonability. You hereby acknowledge that the reasonability of this release of liability is fair and reasonable. You agree that you shall not look to TextMyLink for any disputed damages nor hold TextMyLink liable in any manner.
16. Disclaimer of Warranty
“As-Is”. You accept and acknowledge that TextMyLink asserts that the services provided by the TextMyLink application are delivered “as-is” without any warranties, guarantee of fitness or serviceability, express or implied. There is no assertion or warranty that the services offered by the TextMyLink application are non-infringing, suitable for general purpose use, or fit for any particular use.
17. Indemnification
You hereby agree to indemnify, defend, and hold harmless TextMyLink, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use, misuse, or inability to use TextMyLink’s application, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another person(s), and (v) Your Information and content that you submit or transmit through TextMyLink’s application. TextMyLink reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of TextMyLink.
18. Arbitration
You expressly agree that any and all disputes shall be resolved by first good faith negotiations and, if that fails, by binding arbitration, under a mutually agreed upon arbitrator, under the rules of the American Arbitration Association. The prevailing party shall be entitled to costs reasonable attorney fees. You expressly agree that you forfeit your right to a jury trial or trial before the bench. You agree and irrevocably consent that such arbitration shall occur within the county of Los Angeles, within the State of California, that you may be liable for significant damages and attorney’s fees, and that you expressly waive any and all rights and entitlements to a trial, whether bench or jury.
19. Litigation
Notwithstanding the foregoing, in the event laws in a state or jurisdiction demand trial in a court, the parties hereto hereby agree that litigation shall be properly venued in the federal courts in the county of Los Angeles within State of California.
20. Damages
In any action the parties agree damages shall be solely limited to actual and readily identifiable damages. Punitive, special, or speculative damages shall not be considered under any circumstance.
21. Forfeiture of Class Action
Users irrevocably and expressly agree and consent that they shall not join nor suffer joinder of any cause of action they may have, with the cause of action of another party or parties, in either litigation or arbitration. This is an express agreement between the parties that they shall not enter into any class action lawsuit or class arbitration.
22. Governing Law
The laws governing the Terms of this Agreement shall be the laws of the State of California regardless of any conflict of laws rules or statutes.
23. Relationship
Nothing herein shall be read to create a relationship between the parties save for a customer-business relationship.
24. Assignment
A user’s rights and responsibilities shall not be assigned to a third-party without TextMyLink’s express written acknowledgement of such activity and approval of such assignment.
25. Force Majeure
TextMyLink shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond TextMyLink’s reasonable control including, without limitation, any event that may be defined as a force majeure event.
26. Modification
From time to time, these Terms may be modified. Modification or alteration shall occur at the sole discretion of TextMyLink. If you determine such modification is improper you agree that your sole recourse shall be the deletion of your account.
27. Severability
The terms herein shall be deemed individually severable, in whole or in part. When possible, a provision that would otherwise be removed may be read as narrowly or broadly as possible to grant it legal enforceability, otherwise it shall be treated as though it were never a part of these Terms.
28. Entirety
The foregoing Terms shall form and comprise the entirety of the Agreement between you and TextMyLink. No exhibit, attachment, promise, representation, marketing advertisement, or other article shall be construed as part of this Agreement unless specifically incorporated by reference herein.
29. Contact Us
You may contact us with any questions and concerns at the following email: daniel@textmylink.com.