Terms & Conditions

1. Acceptance of Terms

By accessing or using any services provided by TextProPlus ("we," "our," or "us"), including our business text messaging platform, API services, campaign management tools, and related services, you ("Client," "you," or "your") agree to be bound by these Terms & Conditions. If you do not agree to these terms, please discontinue use of our services immediately.

These terms constitute a legally binding agreement between you and TextProPlus regarding your use of our services.

2. Description of Services

TextProPlus provides business text messaging solutions, including but not limited to:

• Business Messaging Platform: Web-based interface for sending and managing business text messages
• API Services: Integration capabilities for connecting your systems with our messaging platform
• Campaign Management: Tools for creating, scheduling, and managing text message campaigns
• Compliance Support: Features to help ensure compliance with messaging regulations and carrier requirements
• Analytics and Reporting: Detailed reporting on message delivery, engagement, and campaign performance
• Customer Support: Technical support and account management services

Our services are designed to help businesses communicate effectively with their customers through compliant and professional text messaging.

3. User Eligibility and Account Requirements

To use our services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal authority to enter into binding contracts
• Represent a legitimate business entity or organization
• Provide accurate and complete account information
• Maintain the security of your account credentials

By using our services, you represent and warrant that you meet these requirements and that all information provided is accurate and current.

4. Messaging Consent and Compliance

By using our platform to send text messages, you agree to:

• Obtain Proper Consent: Ensure you have explicit, documented consent from all message recipients before sending any messages
• Maintain Consent Records: Keep detailed records of how and when consent was obtained from each recipient
• Honor Opt-Out Requests: Immediately process and honor all opt-out requests from message recipients
• Comply with Regulations: Follow all applicable laws including TCPA, CAN-SPAM, and carrier requirements
• Content Standards: Ensure all message content is appropriate, legal, and complies with our content policies
• Frequency Limits: Respect reasonable messaging frequency limits to avoid overwhelming recipients

You are solely responsible for ensuring compliance with all applicable messaging laws and regulations in your jurisdiction.

5. Platform Usage and Restrictions

When using our services, you agree NOT to:

• Send unsolicited messages or spam
• Use the platform for illegal, fraudulent, or deceptive purposes
• Send messages containing malicious content, viruses, or harmful code
• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Attempt to circumvent platform security measures
• Share your account credentials with unauthorized parties
• Use the platform to harm, harass, or threaten others
• Send messages that could damage our reputation or relationships with carriers

6. Opt-Out and Help Procedures

We provide multiple ways for message recipients to get help or opt out:

6.1 Opt-Out Methods

• Recipients can text STOP to any message sender number
• Recipients can text STOP to our support number: 231-515-2381
• Recipients can contact us directly at office@textprosplus.com
• You must provide additional opt-out methods as required by your specific use case

6.2 Help and Support

Recipients can get assistance by:

• Texting HELP to 231-515-2381
• Emailing office@textprosplus.com
• Calling 231-250-5012 during business hours

7. Billing and Payment Terms

Payment terms for our services include:

• Service Fees: Monthly platform fees as agreed in your service plan
• Message Charges: Per-message fees based on volume and message type
• Payment Schedule: Fees are typically billed monthly in advance
• Late Payments: Late fees may apply for overdue accounts
• Account Suspension: Services may be suspended for non-payment

All fees are non-refundable unless otherwise specified in writing.

8. Carrier Network and Coverage

Our text messaging services operate on major mobile carrier networks in the United States, including AT&T, Verizon, T-Mobile, and others. However:

• We cannot guarantee 100% message delivery to all carriers or regions
• Carrier filtering and blocking may affect message delivery
• Message delivery times may vary based on carrier and network conditions
• International messaging may be subject to additional restrictions and fees

9. Data Security and Privacy

Your privacy and data security are important to us. Our collection, use, and protection of information is governed by our Privacy Policy, which is incorporated into these Terms & Conditions by reference. Key points include:

• We implement industry-standard security measures to protect your data
• We do not sell your personal information to third parties
• We may share data with carriers and service providers as necessary for service delivery
• You are responsible for maintaining the security of your account

10. Service Level and Availability

While we strive to maintain high service availability:

• We aim for 99.9% platform uptime but cannot guarantee uninterrupted service
• Scheduled maintenance may temporarily affect service availability
• We are not liable for service interruptions due to factors beyond our control
• Service credits may be available for significant outages as outlined in your service agreement

11. Intellectual Property

All intellectual property rights in our platform, software, and services remain our property. You are granted a limited, non-exclusive license to use our services according to these terms. You retain ownership of your content and data, but grant us necessary rights to process and deliver your messages.

12. Changes to Terms

We reserve the right to modify these Terms & Conditions at any time. When we make changes:

• We will post updated terms on our website
• We will update the "Last Updated" date
• For material changes, we will provide advance notice via email or platform notification
• Your continued use of our services constitutes acceptance of the updated terms

13. Account Termination

Either party may terminate this agreement:

• By You: You may cancel your account at any time with written notice
• By Us: We may suspend or terminate accounts for violation of these terms, non-payment, or other legitimate business reasons
• Effect of Termination: Upon termination, your access to the platform will cease and any outstanding fees become due
• Data Retention: We will retain your data according to our Privacy Policy and applicable laws

14. Limitation of Liability

To the maximum extent permitted by law:

• TextProPlus shall not be liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claims shall not exceed the fees paid by you in the 12 months preceding the claim
• We are not responsible for damages caused by third parties, including carriers or service providers
• Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you

15. Indemnification

You agree to indemnify and hold harmless TextProPlus from any claims, damages, or expenses arising from:

• Your use of our services
• Your violation of these terms
• Your violation of applicable laws or regulations
• Content you send through our platform
• Your failure to obtain proper consent for messaging

16. Dispute Resolution

Any disputes arising from these terms or our services shall be resolved through:

• Initial Resolution: Good faith negotiations between the parties
• Mediation: If negotiations fail, disputes may be submitted to mediation
• Jurisdiction: Any legal proceedings shall be conducted in the appropriate courts of Michigan
• Governing Law: These terms are governed by Michigan state law

17. Governing Law and Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law provisions. Any legal action or proceeding arising under these terms shall be brought exclusively in the state or federal courts located in Michigan.

18. Miscellaneous

Additional terms:

• Entire Agreement: These terms, along with our Privacy Policy and any signed service agreements, constitute the entire agreement
• Severability: If any provision is found unenforceable, the remainder of the terms remain in effect
• Waiver: Our failure to enforce any provision does not constitute a waiver of that provision
• Assignment: You may not assign these terms without our written consent