Textinct LTD owns and operates the Textinct Application. Its principal place of business is at 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ. These terms and conditions apply to your usage of the Textinct Application.

YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use (“TOU”) are a legally binding agreement between you, whether individually or on behalf of an entity (“you”) and Textinct (“Textinct,” “us,” or “our”), regarding your access to and use of https://www.Textinct.ai and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, the “Site, “website,” or “App “). By visiting the Site, you acknowledge that you have read, comprehended, and agreed to be bound by all of these TOU Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY DISCONTINUE USE.

Supplemental TOUs or other documents that may be posted on the Site from time to time are explicitly incorporated by reference into this Agreement. We retain the right to amend or modify these TOUs at any time and for any reason. We shall notify you of any changes by revising the “Last updated” date at the bottom of these TOU, and you thus waive any claim to particular notice of any such change. It is your obligation to examine these TOU on a regular basis to ensure you are aware of any changes. By continuing to use the Site after the date such new Terms are posted, you will be subject to, and will be assumed to have accepted, the changes in any revised TOU.  

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By consenting to these TOU, you acknowledge that you have read and understood the terms of our Privacy Policy, which is fully included herein. Please read our Privacy policy carefully before using this Site. All information supplied to us as a consequence of your use of this Site will be managed in line with our Privacy Policy. We have taken care to ensure that your personal data relating to the use of the service is handled in accordance with applicable data privacy laws and the EU GDPR. Where conflicts exist between these Terms of Use and our Privacy Policy, these Terms of Use take precedence.

APPLICABILITY

These general terms and conditions (the “Terms”) apply to the following:

1. The use of any information, images, documents, and/or any Textinct-provided services via (our “Website”);

1. The use of the Textinct Application on your web devices.

ACCOUNT.  

To access and use the services we provide, you must first create an account with us.

Trial period is 14 days. Access to a paid account is granted only after a 14-day trial period. To access the app, users must create an account.

Your Account is for your personal use only, and you are not permitted to allow anyone to use it for any purpose. When you create an Account, you confirm that all of the information you give is correct and full. You promise to keep your information up to date as necessary or asked, and you also agree to refrain from using another person’s account without their consent. You are solely responsible for safeguarding the security of and limiting access to your Account and password, and you agree to bear sole responsibility for any actions that occur under your Account or password. You undertake to notify our customer service department promptly if you become aware of any breach of security or unauthorized use of your Account, or if you become aware of any violation of these Terms by others. You agree that we will not be liable for any losses, damages, liabilities, or costs incurred as a result of any unauthorized use of your Account, and you agree to indemnify and keep us blameless for any such unauthorized use. For quality control and administrative purposes, we retain the right to create accounts. These accounts may be visible by the public.

SOFTWARE UPDATES

At our sole discretion, we may update the Software from time to time. The update may consist of the addition of new features, the correction of bugs, or the release of new versions of the Software. To ensure that you always have the most up-to-date version of the Software, you agree that we may download and install new updates and versions of the Software automatically as they become available, in our sole discretion. You consent to receiving and authorizing us to provide such new updates and versions. If you are using the Free Version, you may not have access to all of these changes. If you are a Paid Version user, you have the right to obtain all new features and versions of the Software that we make available during your Subscription Period at our sole discretion (as defined below). These upgrades and new features may come with additional terms to which you must accept. 

USER CONDUCT

You agree that when accessing or using the Sites, you will not break any law, contract, intellectual property or other third-party right, or constitute a tort, and that you are entirely responsible for your behavior.

You agree to adhere by these Terms and will refrain from the following: Engaging in harassing, threatening, intimidating, predatory, or stalking behavior;

You agree not to use or attempt to use another user’s account without the user’s and Textinct’s consent.

You agree not to use the Sites in any way that interferes with, disrupts, negatively affects, or prevents other users from fully enjoying the Sites, or that damages, disables, overburdens, or impairs the Sites’ functionality in any way.

You agree not to attempt to decompile source code or to bypass or circumvent measures used to block or restrict access to any Content, area, or code on the Sites; You agree not to attempt to circumvent any content-filtering procedures we use.

You agree not to access any feature or section of the Sites for which you are not permitted.

You agree that without our prior written authorization, you will not build any third-party apps that interface with the Sites.

You agree not to use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated method or interface not expressly approved by us to access the Sites, collect data, or otherwise tamper with or disrupt the Sites’ page or feature rendering.

You agree not to circumvent or ignore the robots.txt file, which governs automated access to the Sites, or to use the Sites for any unlawful or unauthorized purpose, or to engage in, encourage, or promote any behavior that violates these Terms.

APP USE LICENSE

When you use the Application, Textinct grants you a revocable, non-transferable, non-exclusive, limited right to use it on your web devices that are used and controlled by you and comply with the terms and conditions of this license.

You shall not

• Decompile, disassemble, reverse-engineer, or otherwise seek to discover the App’s source code or decrypt it;
• modify, upgrade, adapt, improve, translate, or create derivative works from the App;
• contravene any relevant laws, regulations, or guidelines governing the App’s usage;
• change, conceal, or erase any of Textinct’s property notices or that of the App’s licensor;
• make the App available over a network or other environment that enables simultaneous access or usage by numerous devices or users;
• utilize the App to develop services or software that are direct or indirect competitors with or substitutes for the App;
• transmit automated enquiries or unsolicited commercial emails to any platform using the App; and
• Utilize Textinct’s confidential information in developing, designing, manufacturing, distributing, or licensing any application, device, or accessory for use with the App.

SUBSCRIPTION, TERM AND AUTOMATIC RENEWAL

Term.

Free Trial Period. When you sign up to utilize our services, you will receive a 14-day free trial of the service.

Period of Paid Subscription. Following the 14-day free trial period, you will be able to use the Software only through a paid account. As a result, if you have acquired a license to access the Software’s advanced features, these Terms and the license granted herein are applicable as of the Activation Date and until the Subscription Period expires. For purposes of this Agreement, the term “Activation Date” refers to the date on which you make such payments and a license to use such additional features of the Software is given to you. After the Subscription Period expires, you will lose access to the Paid Version of the Software.

Subscriptions on a monthly basis. All monthly memberships will automatically renew each month unless your account is cancelled.

You recognize, agree, and allow Textinct to charge your credit card automatically for the appropriate fee in line with our pricing conditions.

If you are disputing something with Textinct or have previously sought a chargeback that we successfully contested, your Services will not renew automatically at the conclusion of your current subscription term.

PAYMENT AND PRICING

We provide excellent service plans and a variety of extra services to fulfill the demands of every customer. Our Pricing page contains information about our current service plans and associated charges for text messaging between users and extra devices. Please take notice that these prices are exclusive of VAT.

You are responsible for maintaining the accuracy of your billing information with Textinct.

You must contact us immediately if you become aware of any billing errors or inconsistencies. We will make every attempt to assist you with any billing concerns; please contact us using the “contact us” link at the bottom of our homepage. 

TERMINATION

You may cancel these Terms and the license granted herein at any time by contacting us via Email.

Without limiting our other rights, these Terms and the license granted to you hereunder will terminate instantly and without notice if you fail to comply with or breach any part of these Terms. We shall not be responsible in any way for the suspension, withdrawal, or disablement of your access to Textinct or any feature included within. If you do not pay the appropriate Subscription fee, your license to use the Paid Version of the Software automatically terminates. You acknowledge that when your license expires or is terminated, the license key may deactivate automatically.

Nothing contained herein entitles you to a return of any money paid pursuant to this agreement.

EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may contain connections to other Internet resources. Textinct clearly states that it has no control over the style or content of the linked pages and expressly disassociates itself from any third-party content on all connected pages. Textinct is not responsible for the use or content of Internet sites that link to or from this site. Our privacy and cookie policies do not apply to any collection or processing of your personal data on or via such third-party websites.

 OWNERSHIP; INTELLECTUAL PROPERTY RIGHTS

All rights, title, and interest in and to the Textinct Application, any related features and/or services, and any derivatives, additions, and changes thereto, including associated intellectual property rights, are and will remain entirely held by us or our licensors. These Limitations do not transmit an interest in or to the Application to you; rather, they grant you a limited right of use subject to the terms hereof. These Terms in no way represent a surrender of our intellectual property rights under any applicable legislation. The license granted herein is not conditional on the supply of any future functionality or features, nor is it predicated on any spoken or written public statements made by us on future functionality or features. You understand and agree that the technology underlying the functioning of the Software contains valuable trade secrets and know-how belonging to us and our suppliers, and that you will not reveal any such trade secrets to any third party. Any disclosure or illegal use of this information will result in irreversible harm and loss to us.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (i) you will use the application only in accordance with these Terms; (ii) you will adhere to all applicable laws, rules, and regulations, as well as industry best practices, while using the Textinct Application; (iii) you will not use the Application for any fraudulent or inappropriate purpose; and (iv) you will not prevent others from using the Application.

 DISCLAIMER OF WARRANTIES

YOU ARE PROVIDED WITH THE Textinct APPLICATION “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) Textinct APPLICATION WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED; (II) Textinct APPLICATION WILL OPERATE WITHOUT INTERRUPTION; OR (III) Textinct APPLICATION IS OR WILL BE AVAILABLE WHERE YOU LIVE OR IN ANY OTHER SPECIFIC L YOUR SOLE RIGHT OR REMEDY FOR ANY PROBLEMS OR DISSATISFIACTION WITH THE Textinct APPLICATION IS TO UNINSTALL AND DISCONTINUE USING ALL Textinct PRODUCTS. Additionally, except as specifically specified above, we are not bound to maintain or support the Application, or to provide you with any updates, bug fixes, or other features made accessible through the Application. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or any third party) and bear all responsibility and risk associated with your use of Textinct and your breach of any of your representations and warranties contained herein, as well as any loss or damage we may sustain as a result of such breach.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF Textinct  OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE Textinct UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF Textinct Application.

INDEMNITY

You agree to defend, indemnify, and hold harmless us, our parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, attorney’s fees) arising out of: (i) your access to or use of the Textinct Application; (ii) your violation of these Terms; or (iii) your violation of any third party right, including, but not limited to, any intellectual property right, or privacy right.

GOVERNING LAW

This Agreement shall be governed by, construed, and enforced in accordance with the laws of England and Wales, without reference to its conflict of law principles or rules.

DISPUTE RESOLUTION

In the event of a dispute, the Parties agree to engage in good faith negotiation to resolve it. If the Parties are unable to resolve a disagreement via good faith negotiation, they agree to resort to binding mediation or arbitration. In the case of Arbitration and/or Mediation, the victorious Party is entitled to recover its legal expenses, including but not limited to lawyers’ fees.

GENERAL

These Terms comprise the parties’ full agreement with respect to the subject matter included herein. The section titles in these Terms are used solely for convenience and have no legal or contractual effect. If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, that provision will be enforced to the utmost degree possible without impairing the parties’ purpose, and the remainder of these Terms will remain in full force and effect. Our failure to enforce any of our rights or to take action against you in the case of a violation of this Agreement shall not be construed as a waiver of those rights or of subsequent actions in the event of future breaches. You may not assign these Terms or any rights granted herein without our prior written authorization. These Terms are governed by English. If there is a conflict or disagreement between the English version and any other language version, the English version must prevail. Nothing in these Terms will be understood as constituting a joint venture, partnership, employment, or agency relationship between you and us, and you lack the power to create any obligation or representation on our behalf.

Contact Us.

If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at: contact@Textinct.com

, and we will make an effort to reply within a reasonable time-frame.