TextWay Terms of Service

1. What TextWay Does

TextWay provides tools for sending and managing SMS and MMS messages, contacts, campaigns, automations, analytics, and related communication features.

2. Who Can Use TextWay

You may use TextWay only if you are at least 18 years old, can legally agree to these Terms, and are not prohibited from using the Service under applicable law.

3. Your Account

You are responsible for keeping your login information secure and for all activity under your account. You must provide accurate account information and keep it up to date.

4. Your Responsibilities

You are responsible for your messages, contact lists, uploaded data, and how you use the Service. You must make sure you have the legal right and proper consent to contact every recipient.

5. Consent and Compliance

Before sending SMS or MMS messages through TextWay, you must obtain any consent required by law. You are responsible for complying with all applicable laws, regulations, carrier rules, opt-in requirements, opt-out requirements, and quiet-hour restrictions. You must maintain records of recipient consent where required by applicable law or carrier policy.

6. Prohibited Uses

You may not use TextWay to send spam, unlawful messages, misleading messages, harassing content, malware, or messages sent without required consent. You also may not misuse, disrupt, reverse engineer, or attempt unauthorized access to the Service.

7. Delivery and Third Parties

TextWay works with mobile carriers and third-party service providers to deliver messages. We do not guarantee message delivery, speed, or availability. Messages may be delayed, filtered, blocked, or not delivered by mobile carriers or third parties.

8. Fees and Billing

You agree to pay all applicable subscription, usage, messaging, and related fees. The monthly subscription renews automatically until you cancel it.

Usage charges apply to both messages you send and messages you receive through the Service. SMS is billed per message segment, and MMS is billed per picture message. Because inbound and outbound messages both carry usage charges, your messaging balance can become negative if received messages are billed after your available balance runs low.

Outbound sending is paused automatically when your available balance cannot cover the cost of a message, and resumes after you add funds to your balance.

When a new phone number is assigned to your account, it requires a short carrier provisioning and activation period before sending becomes available.

Unless required by law, fees are non-refundable. Applicable taxes and carrier surcharges may apply.

9. Your Data

You keep ownership of the data and content you submit to TextWay. You give TextWay permission to use that data only as needed to operate, maintain, support, secure, and improve the Service and to comply with legal obligations.

10. Privacy

Your use of the Service is also subject to our Privacy Policy. You are responsible for providing any privacy notices required for your own contacts and recipients.

11. Intellectual Property

TextWay owns the Service, including its software, design, branding, and related content. We give you a limited right to use the Service during your subscription term in accordance with these Terms.

12. Suspension or Termination

We may suspend or terminate your access if you violate these Terms, fail to pay fees, create legal or security risk, or if we are required to do so by law or by a service provider. You may stop using the Service at any time.

13. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, TextWay disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the fullest extent permitted by law, TextWay will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities.

TextWay's total liability for any claim relating to the Service or these Terms will not exceed the amount you paid TextWay in the 12 months before the claim arose, or US $100, whichever is greater.

15. Indemnification

You agree to defend and indemnify TextWay against claims, losses, damages, and expenses arising from your use of the Service, your messages, your data, or your violation of these Terms or applicable law.

16. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any disputes shall be resolved in the state or federal courts located in San Diego County, California, unless a different process is stated in a separate written agreement.

17. Changes to These Terms

We may update these Terms from time to time. If we do, the updated version will become effective when posted or otherwise communicated. Continued use of the Service means you accept the updated Terms.

18. Help Center and Support Quality

TextWay may store questions submitted through the Help Center, along with AI generated answers and related page context, for the purpose of reviewing support quality, improving help content, troubleshooting issues, and making the product easier to use. These Help Center logs are used internally by TextWay administrators and are not sold to third parties.

19. Contact Information