Textmunication, Inc. Terms of Service

8. Credits

Credits are paperless vouchers used for the transmission of Services.

• The number of credits required depends on the message route and destination.
• Expiration: Monthly plan credits expire at the end of the month unless roll-over is specified. Non-monthly plan credits expire 12 months from the date of purchase.

• Refunds: You may request a full refund of unused, non-monthly plan credits within one (1) business day of purchase. No other refunds will be given.
• Custom Plans: We reserve the right to offer customized plans with individualized terms.

Customer FAQ: Understanding Your Service

How do my message credits work?

Credits are used every time you send a message. The number of credits per message can vary based on where you are sending the message and the "route" used. Always check the Pricing Pages for the latest rates.

Do my credits expire?

• Monthly Plans: Yes. If you have a monthly plan, any unused credits expire at the end of your billing cycle unless your specific plan allows for "roll-over".
• Pay-As-You-Go (Non-monthly): These credits last much longer—they expire 12 months after the date you bought them.

How does the automatic renewal work?

To ensure your service isn't interrupted, subscriptions renew automatically for the same duration as your original sign-up (e.g., monthly or yearly). We will charge your saved payment method at the start of each new period.

How do I cancel my subscription?

You can cancel directly in your account dashboard under the Billing section. To avoid being charged for the next cycle, make sure to cancel at least one (1) full business day before your renewal date.

Will my price ever change?

Because carrier fees and market conditions change, we may occasionally adjust our pricing. If your recurring subscription price changes, we will give you 30 days' notice so you can decide whether to continue or cancel.

Why was I charged for a message that wasn't delivered?

Textmunication is responsible for sending the message to the carrier networks. Because we are charged by those entities for the attempt, you are responsible for the cost of any message you attempt to send, regardless of whether the recipient's phone is on or has a signal to receive it.

1. introduction:

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DESCRIPTION OF SERVICE. Textmunication, Inc. provides a web-based application (“SAM”) for managing mobile marketing campaigns including mobile communication messaging capabilities (the “Service”). Unless explicitly stated otherwise,

any new features that augment or enhance to SAM shall be subject to this Agreement. You understand and agree that the Service is provided to you on an “AS-IS” basis and that Textmunication assumes no responsibility for the timeliness, deletion, 

mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to SAM and that access and subsequent usage may involve third party fees (such as Internet access to use the Service).

SMS/MMS CPAAS (Communications Platform as a Service) is a cloud-based service provided by Textmunication that enables businesses to send and receive SMS and MMS messages to and from their customers using an application programming interface (API).
With Textmunication's SMS/MMS CPAAS, businesses can easily integrate messaging capabilities into their existing software systems or mobile applications. The service provides features such as two-way messaging, message scheduling, message personalization, 

message tracking, and delivery confirmation.

SMS/MMS CPAAS can be used for a variety of purposes, including marketing campaigns, customer support, appointment reminders, notifications, and alerts. It provides businesses with an efficient and cost-effective way to communicate with their customers, 

as SMS and MMS messages have high open rates and are typically read within minutes of being received, delivery is not guaranteed due to carrier bandwidth and network uptime.
Textmunication's SMS/MMS CPAAS is scalable and customizable, meaning that businesses can tailor the service to their specific needs and usage requirements. The service also offers comprehensive reporting and analytics, allowing businesses to track message delivery and campaign performance.
Textmunication's SMS/MMS CPAAS is a powerful and flexible messaging solution that enables businesses to engage with their customers via SMS and MMS messages with ease and convenience.

1. Terms & Conditions

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By participating in the Textmunication Mobile and Communication program, you are agreeing to the terms and conditions presented here. View our privacy policy. (Dhaval add the Privacy link here)

Recurring Msg&Data Rates May Apply, Reply STOP 2 stop, (800) 677-7003 for HELP. T-Mobile is not liable for delayed or undelivered messages.

I consent to receive coupons and promotions understand and agree that my information will be used as described here and what is stated in the privacy policy and terms of service located at textmunication.com. I further agree to receive recurring text messages at the phone number I have provided above. I understand that not all carriers are covered and will not charge me for the text messages. Standard message and data rates may apply. I understand that my consent is not required and is not a condition of any purchase. Text HELP to 87365 for help. To opt out, text STOP to 87365 you will receive a text message confirming your opt-out.

1. shortcode & Shared Shortcode

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Short Codes, 10DLC, and Toll Free Numbers

Shortcode: A shortcode is a five or six-digit number used to send and receive SMS and MMS messages. Shortcodes are commonly used for marketing campaigns, voting, and alerts. They are typically easier to remember and more recognizable than traditional phone numbers, making them a popular choice for businesses to communicate with their customers.

10DLC: A 10DLC (10 Digit Long Code) is a long-form phone number that can be used to send and receive SMS and MMS messages. 10DLC numbers are designed for businesses that need to send a high volume of messages to their customers. They are cheaper than shortcodes and are ideal for non-time-sensitive messages such as appointment reminders, shipping notifications, and marketing messages.

Toll-free numbers (TFN): A toll-free number is a phone number that customers can call or send messages to without incurring any charges. Toll-free numbers are commonly used for customer support and marketing purposes. They can also be used to send SMS and MMS messages, making them a convenient and cost-effective option for businesses to communicate with their customers.

Shortcodes, 10DLC, and toll-free numbers are all different types of phone numbers that businesses can use to send and receive SMS and MMS messages. Each type of number has its own unique benefits and use cases, and businesses should choose the one that best fits their communication needs.

By participating in the Textmunication Mobile and Communication program, you are agreeing to the terms and conditions presented here. View our privacy policy. (Dhaval add the Privacy link here)

Recurring Msg&Data Rates May Apply, Reply STOP 2 stop, (800) 677-7003 for HELP. T-Mobile is not liable for delayed or undelivered messages.

For questions about our provisioning and carrier approval for dedicated short codes, 10DLC, and TFN , please contact: sales@textmunication.com

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Content Submission

Confidential or Proprietary Information. You agree that any information or materials that you or individuals acting on your behalf provide to Textmunication (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. Furthermore, except as otherwise required for your use of the Services as contemplated herein, you should not send any confidential or proprietary information to Textmunication via the Textmunication Sites or the email addresses referenced on the Textmunication Sites.

Your Rights in the Information. In connection with your provision of such information and materials, you warrant and represent to Textmunication that you have all rights, title, and interests necessary to provide such information and materials to Textmunication and that your provision of the content to Textmunication does not infringe any third party’s proprietary or personal rights, including, but not limited to, any trademark, copyright, patent, or trade secret. By providing any such information or materials to Textmunication (other than information required for your use of the Services as contemplated herein), you grant to Textmunication an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, publicly display, publicly perform, transmit, modify, adapt, make derivative works of, and distribute such information and materials, in whole or in part, in any format or medium now known or later developed. You further agree that Textmunication is free to use any ideas, concepts, techniques or know-how that you or individuals acting on your behalf provide to Textmunication as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques, and you have no right to compel such use, display, reproduction, or distribution.

Online Forums/Blogs. Textmunication may at its option provide you with one or more areas within the Textmunication Sites for online discussions (e.g., a message board, wiki, chat room, or blog). Should you choose to participate in such a forum, you agree to not utilize the forum for illegal or inappropriate purposes. Textmunication reserves the right, but will not be obligated, to edit or delete postings to its forums at any time and for any reason. Textmunication shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.

5. Technology:

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Intellectual Property

No Customer Right to Textmunication Intellectual Property. You are permitted to access the Textmunication Services and any content provided by Textmunication (which may include text, images, hosted software, sound files, video, or other content and which may be provided via the Textmunication Sites or otherwise) solely for the purpose of receiving information about Textmunication’s business and products, purchasing and utilizing our Services, communicating with us, entering prize promotions offered by us, or as otherwise stated on the Textmunication Sites. Textmunication hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Textmunication Services solely for that purpose.

Except as expressly provided in these Terms, the availability of the Services and the Textmunication Sites does not give you any license to any patent, trademark, copyright, or other intellectual property rights in or to the Services, including the web pages that are part of the Services and Textmunication Sites. All copyrights, trademarks, patents, trade secrets, and other intellectual proprietary rights contained in the Textmunication Services are the sole property of Textmunication or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services, including any proprietary communications protocol used by the Services without the express written permission of Textmunication. All other trademarks or trade names are the property of their respective owners, and such material may not be copied, downloaded, redistributed, modified, or otherwise exploited, in whole or in part, without the permission of the owner.

11.2. Compliance with the Digital Millennium Copyright Act. Textmunication abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Textmunication and that is claimed to be infringing, in which case we will make a good faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. Textmunication does not control content hosted on third party websites, and we cannot remove content from sites it does not own or control.

If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Textmunication’s rights and obligations under the DMCA and, in particular, section 512(c). They do not constitute legal advice.

Filing a Notice of Infringing Material Under the DMCA. To file a notice of infringing material on a Site owned or controlled by Textmunication, please provide a notification containing the following details:

1.     Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example, the title, author, any registration or tracking number, and URL);

2.     Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example, a link to the page that contains the material);

3.     Your contact information so that we can contact you (for example, your address, telephone number, or email address);

4.     A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;

5.     A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.

6.     Your physical or electronic signature.

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Communications about TextmunicationServices and Products

Newsletters. With the exception of Services obtained through Textmuncation.com, any email addresses or mobile number submitted when registering for a new account to use Textmunication Services are automatically added to the Textmunication newsletter, emails, blogs. To opt into the separate newsletter offered through Textmunication.com.

To unsubscribe from any Textmunication newsletter except for the one offered by ClubTexting.com, please email support@textmunication.com from the email address you want unsubscribed and ask to unsubscribe from the newsletter. To unsubscribe from the Textmunication.com newsletter and emails, please email support@Textmunication.com from the email address you want unsubscribed and ask to unsubscribe from that newsletter.

Communications about our services. By creating an account with Textmunication, you agree that Textmunication may contact you via calls, text messages, or email to provide you with information about your account, transactions, and/or the Textmunication services requested by you.

To the extent you have separately agreed to receive periodic text or voice alerts about products, services, events, special offers, or other promotional messages related to Textmunication services, Textmunication may contact you pursuant to the terms of any such separate agreement.

remove 8. Standard Terms and Conditions.

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Payments

Your use of our Services is contingent on your paying for such use (whether paid in advance or through the purchase of credits on the Textmunication Sites), in the amounts and using the methods indicated on the Textmunication Sites. Your payment for the Services, Credits (as defined below in Section Credits), keywords, DIDs, usage-sensitive fees, and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when Textmunication receives the full amount of payment owed for such Services, Credits, keywords, DIDs, usage-sensitive fees, and/or plans. You are responsible for paying for any message or broadcast you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As Textmunication is dependent on other entities for the delivery of your messages and broadcasts, our price per credit may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time.

Textmunication or our third-party payment processor will charge your indicated method of payment for the Services, Credits, keywords, DIDs, usage-sensitive fees, and/or plans immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes, where applicable, and any other amounts indicated on our Sites. Textmunication will assess an additional charge based on the costs Textmunication incurs for porting each DID number assigned to you that you request to be ported within six months of the original assignment by Textmunication, and Textmunication may further restrict your ability to port telephone numbers assigned to you by Textmunication consistent with FCC regulations. Your account will be credited within 24 hours of Textmunication verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by Textmunication.

Textmunication cannot readily or accurately ascertain your location when you request to use the Services. You therefore agree that your use of the Services occurs in California and is subject to any applicable California taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by Textmunication, you agree that you will pay them to any applicable taxing authority when due, including any interest or penalties assessed.

Textmunication shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

As between you and Textmunication, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. Standard charges apply to any test call sent originating from your account or initiated using your API key.

If you elect to purchase a recurring subscription, we or our third-party payment processor will charge your payment method on the date that you subscribe and each subsequent billing period.  By providing a payment method, you expressly authorize Textmunication and/or our third-party payment processor to charge all such fees to said payment method.

AUTOMATIC RENEWAL: DEPENDING ON THE LENGTH OF THE SUBSCRIPTION FOR WHICH YOU SUBSCRIBE, BEGINNING WITH THE FIRST MONTH OR YEAR (AS APPLICABLE, THE “SUBSCRIPTION PERIOD”) FOLLOWING THE END OF THE INITIAL SUBSCRIPTION PERIOD FOR WHICH YOU SUBSCRIBE, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION.  EACH RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS THE SUBSCRIPTION PERIOD THAT JUST EXPIRED. BY PURCHASING A RECURRING SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE, TEXTMUNICATION (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD MONTHLY DURING THE SUBSCRIPTION PERIOD AT THE THEN-CURRENT SUBSCRIPTION RATE FOR YOUR SUBSCRIPTION AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS AND WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE SUBSCRIPTION PERIODS UNTIL YOU CANCEL IT.

YOU MAY CANCEL YOUR RECURRING SUBSCRIPTION AT ANY TIME, BY LOGGING INTO YOUR ACCOUNT, CLICKING ON YOUR PROFILE DROPDOWN MENU, SELECTING THE BILLING OPTION, AND CLICKING THE CANCEL MY ACCOUNT TEXT LINK.  IF YOU CANCEL YOUR SUBSCRIPTION LESS THAN [1] BUSINESS DAY BEFORE YOUR NEXT BILLING DATE, YOUR SUBSCRIPTION WILL NOT BE CANCELLED AND YOU WILL NOT RECEIVE A REFUND.  INSTEAD, YOUR SUBSCRIPTION WILL RENEW AND YOU WILL CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE NEXT SUBSCRIPTION PERIOD FOR WHICH YOU HAVE PAID (AT WHICH TIME, YOUR SUBSCRIPTION WILL CANCEL).

WE RESERVE THE RIGHT TO MODIFY OUR PRICING FOR THE SERVICES FOR WHICH YOU HAVE SUBSCRIBED AT ANY TIME (BUT NOT THE PRICE IN EFFECT FOR THE THEN-CURRENT PERIOD FOR WHICH YOU HAVE PAID), UPON 30 DAYS ADVANCE NOTICE TO YOU. IF YOU HAVE NOT CANCELLED YOUR SUBSCRIPTION WITHIN THE 30 DAY PERIOD AFTER RECEIVING NOTICE OF A PRICE CHANGE BY LOGGING INTO YOUR ACCOUNT, CLICKING ON YOUR PROFILE DROPDOWN MENU, SELECTING THE BILLING OPTION, AND CLICKING THE CANCEL MY ACCOUNT TEXT LINK, YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE PRICE INDICATED IN THE NOTICE.

In the event of accidental under billing in favor of a Customer and a Customer’s subsequent nonpayment, Textmunication shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred from counsel of Textmunication’s choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.

Textmunication has the right to increase pricing plans based on carrier fees and business economics.

Credits

Using Credits. Credits are paperless vouchers that you purchase and which facilitate the transmission of the Textmunication Services selected by you. Both the chosen route and the destination of a message or broadcast impact the amount of credits required for each transmission of our Services. Additionally, the value of credits may change over time as the cost of transmission changes, and thus you acknowledge that the number of credits needed to utilize the Services may change correspondingly. The pricing information, however, will always be made known beforehand through the Pricing Pages on our Textmunication Sites. The submission of a seemingly-valid message or broadcast will cause an associated quantity of credits to be debited from your account, and you can obtain the real-time status of your account at any time through the online interface.

Expiration of Credits and Prepaid Minutes. Credits purchased as a part of a package or monthly plan (including any additional credits purchased during your monthly billing cycle as part of an upgrade to your plan) and not used within the month of purchase expire at the end of the month, unless the plan explicitly provides for a roll-over of credits. Individual anytime, nonmonthly plan credits purchased through your account automatically expire after 12 months from the date of purchase, unless otherwise stated at the time of purchase. Credits are purchased on a first-bought, first-to-expire basis. Any unused value shall be forfeited upon expiration.

All prices, per-minute rates, and billing increments for credits are subject to change at any time due to fluctuations in market conditions. You may request a full refund of any unused, nonmonthly plan credits within one (1) business day of purchase. No other refunds will be given.

Right to Offer Customized Plans. Notwithstanding the above, we may, in our sole discretion, offer customized plans that provide for individualized terms concerning credit expiration, billing cycles, account maintenance fees, and other agreed-upon terms. We reserve the right to do so without publicly listing the pricing for these customized plans on our Sites.