These Terms of Service (the "Terms") are a legally binding agreement between Text.st ("Text.st," "we," "us," or "our") and the person or organization using the Services ("you," "your," or the "Customer").
These Terms govern your access to and use of text.st, app.text.st, Text.st-powered forms and widgets, texting numbers, Text.st AI features, lead-management tools, booking tools, dashboards, and related products, services, and support (collectively, the "Services").
By clicking an acceptance button or checkbox, creating an account, placing an order, or accessing or using the Services after being presented with these Terms, you agree to them. If you use the Services for a company or other organization, you represent that you have authority to bind that organization, and "you" and "Customer" refer to that organization.
IMPORTANT: SECTION 23 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS EXPLAINED IN SECTION 23.
If you do not agree to these Terms, do not create an account or use the Services.
1. Eligibility and authority
You must be at least 18 years old and legally able to enter a binding agreement. Text.st accounts are intended for people acting for a business or professional organization, not for children.
If you create or manage a workspace for an organization, you represent that:
- the organization is validly formed or lawfully operating;
- the registration, contact, billing, and business information you provide is accurate;
- you are authorized to act for the organization; and
- the organization's use of the Services will comply with these Terms and applicable law.
You may not use the Services if you are prohibited from doing so under applicable law, trade restrictions, sanctions, or carrier requirements.
2. What Text.st provides
Text.st AI is an AI SMS lead assistant for service businesses. The Services may allow a Customer to:
- place Text.st-powered forms and widgets on its website;
- capture contact details and service requests;
- start and manage SMS conversations;
- use Text.st AI to answer questions, understand needs, organize leads, and support next steps;
- manage conversation history and allow human takeover;
- offer and confirm available booking times;
- maintain consent, STOP, HELP, delivery, and usage records;
- provision and manage texting numbers; and
- complete messaging-registration and compliance processes.
Text.st provides technology that supports communications between Customers and their prospective or existing customers ("End Users"). Text.st is not a party to the Customer's contract, transaction, appointment, service, sale, or dispute with an End User. Each Customer is solely responsible for the services it advertises, books, sells, or provides.
Features may differ by country, number type, carrier, plan, approval status, or account configuration.
3. Accounts and workspace administration
You must provide accurate, current, and complete account information and keep it updated. Account access may be provided through an external identity service. You are responsible for protecting your account, controlling access to your external identity account, and promptly notifying support@text.st if you suspect unauthorized access.
Workspace owners and administrators may invite or remove team members, assign permissions, access workspace content, change settings, and take other actions for the Customer. You are responsible for:
- selecting appropriate administrators;
- limiting access to authorized people;
- all activity performed through your accounts and workspace;
- promptly removing access when a person no longer requires it; and
- ensuring all users comply with these Terms.
Text.st may rely on instructions from a workspace owner or administrator. If ownership or authority is disputed, we may suspend changes or request documentation before acting.
4. Workspace, number, and widget model
Unless an order, checkout page, or written agreement says otherwise:
- one workspace is for one business;
- the workspace includes one primary texting number;
- the workspace uses one business profile and knowledge base;
- messaging usage and allowances are shared across the workspace; and
- unlimited widgets means unlimited Text.st widget placements for that same business, number, knowledge base, and workspace allowance.
Unlimited widgets do not mean unlimited businesses, brands, locations, numbers, workspaces, messages, or resale rights. You may not use one workspace to represent unrelated businesses or to avoid purchasing additional workspaces or add-ons.
Additional numbers or workspaces may be offered as paid add-ons. Availability, approval, pricing, and permitted use may vary. A texting number assigned through Text.st may be used only for the approved Customer, brand, and messaging use case associated with that number.
5. Orders and subscription plans
An "Order" means the plan and commercial terms shown at checkout, on the Text.st pricing page, in your account, or in a written order form accepted by Text.st. Your Order identifies the applicable subscription, billing cycle, included usage, and any add-ons.
Unless a different amount is clearly shown in your Order, the standard Text.st plan is $59 per workspace per month, plus applicable usage, carrier, registration, number, add-on, and tax charges.
The Services may include a workspace-level messaging allowance. The allowance, any overage rate, and other usage limits will be disclosed in the applicable Order or account. Unlimited widgets do not increase the workspace's messaging allowance.
If Text.st offers a free or discounted trial, the trial length, included features, conversion date, and charges that follow will be disclosed before enrollment. Unless the offer says otherwise, one trial is permitted per Customer, and Text.st may end a trial if it is abused.
6. Messaging approval and subscription activation
Live business messaging may require number provisioning, identity or business verification, A2P 10DLC registration, toll-free verification, campaign approval, or other carrier and industry reviews.
For a workspace requiring messaging approval, the recurring Text.st subscription begins only after the required messaging registration or verification is approved and Text.st activates live messaging for that workspace, unless a different activation point is clearly disclosed and accepted in an Order.
Before approval, Text.st may provide onboarding, setup, registration, test, or simulation features. Test or simulation activity does not send live messages unless Text.st clearly indicates otherwise.
Some carrier, registration, vetting, number, or application fees may be charged before subscription activation if they are clearly disclosed and actually incurred. These third-party fees are generally nonrefundable after an application, registration, or number order has been submitted.
Text.st does not control carrier or registration decisions and does not guarantee approval, timing, number availability, throughput, or deliverability. You must promptly provide accurate information and reasonably requested supporting materials. Incomplete, false, inconsistent, or outdated information may delay or prevent activation.
7. Automatic renewal and payment authorization
PAID SUBSCRIPTIONS AUTOMATICALLY RENEW FOR SUCCESSIVE MONTHLY BILLING PERIODS UNTIL CANCELED.
By purchasing a subscription, you authorize Text.st and its payment processor to charge your selected payment method for:
- recurring subscription fees;
- messaging usage and overages;
- carrier, registration, vetting, number, and compliance fees;
- approved add-ons and additional workspaces or numbers;
- applicable taxes; and
- other charges clearly disclosed in your Order or account.
Charges may be billed in advance, at the time they are incurred, or after the applicable usage period, depending on the charge. Usage-based charges may be billed after cancellation if they were incurred before cancellation became effective.
We will provide the disclosures, acknowledgments, renewal notices, price-change notices, and cancellation methods required by applicable law. You are responsible for keeping your billing and contact information current.
If a payment fails, we may retry the payment method, request another payment method, limit features, suspend live messaging, or suspend the workspace. You remain responsible for amounts incurred before suspension or cancellation.
Unless otherwise displayed, prices are in U.S. dollars.
8. Usage, carrier charges, and taxes
Messaging is measured according to the units disclosed in your Order or account. A single SMS displayed on a device may consist of multiple billable segments because of its length or character encoding. Usage records maintained by Text.st and the underlying messaging networks will control absent a demonstrable error.
Carrier and network fees are charged separately and passed through to the Customer at cost. These charges may vary by country, destination, carrier, number type, message direction, registration type, and other network conditions. Text.st may update pass-through rates prospectively when underlying costs change and will provide notice where required by law.
Unless an Order expressly provides rollover, unused messaging allowances expire at the end of the applicable billing period and do not carry forward. You may monitor usage in your account, but you are responsible for all authorized usage even if alerts are delayed or unavailable.
Fees do not include taxes, levies, duties, or similar governmental assessments. You are responsible for applicable taxes other than taxes based on Text.st's net income. If withholding is required, you must provide documentation and pay any additional amount necessary so Text.st receives the amount due, except where prohibited by law.
9. Cancellation, account closure, and refunds
You may cancel a subscription at any time through the online account-management process or by emailing support@text.st from the account owner's email address. An email cancellation is effective when received, subject to reasonable identity and authority verification.
Cancellation stops the next automatic renewal. Unless required by law or expressly stated in an Order:
- cancellation takes effect at the end of the current paid billing period;
- you may continue using paid features through that date;
- subscription fees are not prorated or refunded for a partial billing period;
- unused messaging allowances or credits have no cash value; and
- usage, overage, carrier, registration, number, tax, and other charges already incurred remain payable.
We will correct verified billing errors. Refunds required by law will be provided. If Text.st discontinues a paid Service for reasons unrelated to your breach, we will provide a prorated refund of prepaid subscription fees for the unavailable portion, unless we provide a substantially equivalent replacement.
After cancellation or account closure, live messaging, widgets, AI replies, bookings, and access to Customer Content may stop. Data is handled as described in the Text.st Privacy Policy.
10. Texting numbers
Unless a written agreement expressly says otherwise, a texting number provisioned through Text.st is licensed for use with an active, paid, compliant workspace; it is not sold to the Customer. You may not sell, assign, lease, or transfer the number to another business or use it for an unapproved identity or campaign.
Subject to applicable law, carrier rules, technical feasibility, verification, and payment of outstanding amounts, Text.st will reasonably cooperate with a valid request to port an eligible number. Porting must be requested and completed before the workspace closes. Fees may apply. Text.st cannot guarantee that every number is portable or that a released number can be recovered.
After termination, suspension, or an unsuccessful port, Text.st may release the number to the underlying provider. The number may later be reassigned. You are responsible for updating advertising, websites, and End Users before losing access to a number.
11. Customer messaging responsibilities
The Customer—not Text.st—is the sender responsible for its messages and campaigns. You must comply with all laws, regulations, industry standards, carrier rules, and registration requirements applicable to your communications, including requirements concerning consent, disclosure, quiet hours, identification, recordkeeping, opt-outs, and do-not-contact requests.
You agree to:
- message only recipients you are lawfully permitted to contact;
- obtain the level of consent required for each message type before sending;
- use clear opt-in language that identifies the Customer and accurately describes the messages;
- keep reliable records of consent and provide them when reasonably requested;
- ensure marketing consent is not made a condition of purchase where prohibited;
- identify the Customer accurately in messages and registration materials;
- honor STOP and other reasonable revocation requests promptly;
- provide required HELP, message-frequency, rate, privacy, and terms disclosures;
- maintain and respect suppression and do-not-contact lists;
- keep registration, campaign, sample-message, website, and use-case information current; and
- cooperate with complaint, audit, carrier, or regulatory investigations.
Text.st may provide tools for consent capture, STOP processing, HELP responses, and compliance records, but those tools do not guarantee legal compliance. Text.st does not provide legal advice. You are responsible for determining which rules apply to your business, location, message type, and End Users.
You may not buy, rent, scrape, or otherwise obtain phone-number lists for unsolicited messaging through the Services.
12. Acceptable use
You may use the Services only for lawful business purposes consistent with the product's intended use. You may not use or permit anyone to use the Services to:
- send spam, unsolicited bulk messages, or communications that lack required consent;
- conduct bulk SMS marketing campaigns that are outside Text.st's approved lead-assistant use;
- engage in phishing, impersonation, fraud, deception, harassment, stalking, threats, or abuse;
- distribute malware, malicious code, unlawful content, or content that infringes another person's rights;
- promote or facilitate illegal goods, illegal services, unlawful gambling, unlawful controlled substances, trafficking, exploitation, or other prohibited activity;
- transmit content or operate in a category prohibited by applicable law, carriers, registration organizations, or messaging-industry rules;
- obscure the sender's identity, falsify registration information, evade opt-outs, rotate numbers to avoid enforcement, or circumvent carrier filtering;
- use Text.st AI to make high-impact decisions about employment, credit, housing, insurance, education, healthcare access, or similar rights or opportunities;
- send emergency communications, operate a public-safety answering service, replace 911 or emergency services, or represent Text.st as suitable for life-safety use;
- collect highly sensitive information unless necessary, lawful, appropriately disclosed, and adequately protected;
- access another Customer's account or data without authorization;
- probe, scan, disrupt, overload, or compromise the Services or connected networks;
- bypass usage limits, security measures, account restrictions, or payment controls;
- reverse engineer, decompile, copy, scrape, or attempt to derive source code or nonpublic components, except where that restriction is prohibited by law;
- use the Services or their output to build, train, or improve a competing product or model without written permission;
- resell, sublicense, white-label, or provide the Services as a service bureau unless Text.st expressly authorizes it in writing; or
- use one workspace for multiple unrelated businesses, brands, or customers.
Text.st may investigate suspected violations, block content or messages, limit throughput, suspend numbers or accounts, preserve relevant records, and cooperate with carriers, registration organizations, regulators, or law enforcement where appropriate.
13. Text.st AI
Text.st AI may generate replies, summaries, lead classifications, routing signals, booking actions, and other outputs based on Customer instructions, business information, availability, and conversation history.
AI output can be inaccurate, incomplete, delayed, or inappropriate. You are responsible for:
- configuring Text.st AI for your business;
- keeping business information, services, prices, policies, and availability accurate;
- monitoring conversations and outcomes;
- testing important workflows before relying on them;
- pausing automation and taking over when human review is appropriate; and
- reviewing output before using it for consequential purposes.
Text.st AI does not provide legal, medical, financial, tax, employment, or other professional advice. It is not designed to make decisions that create legal or similarly significant effects for an individual.
Text.st does not guarantee any number of leads, bookings, sales, conversions, revenue, response time, or business result. Any examples, estimates, testimonials, or projections are illustrative and not guarantees.
Text.st does not use private Customer Content to train general-purpose AI models for unrelated customers. Processing of Customer Content is further described in the Text.st Privacy Policy.
14. Bookings and Customer services
Text.st may help collect availability, offer time slots, and create booking records. The Customer is solely responsible for:
- configuring accurate services, availability, duration, time zone, capacity, pricing, and booking rules;
- reviewing bookings and resolving scheduling conflicts;
- providing confirmations, changes, cancellations, refunds, and customer service required for its own business;
- performing the booked service safely, lawfully, and professionally; and
- complying with laws applicable to its business and End Users.
A Text.st booking record does not guarantee that the Customer will accept, perform, or successfully complete an appointment. Text.st is not liable for no-shows, scheduling disputes, inaccurate Customer information, the quality of a Customer's service, or harm arising from the Customer-End User relationship.
15. Customer Content and data responsibilities
"Customer Content" means information, text, instructions, business materials, contacts, leads, consent records, messages, notes, bookings, and other data submitted to or processed through a Customer's workspace.
As between Text.st and the Customer, the Customer retains its ownership rights in Customer Content. The Customer grants Text.st a worldwide, nonexclusive, limited license to host, copy, transmit, display, format, analyze, generate outputs from, and otherwise process Customer Content only as reasonably necessary to:
- provide and support the Services;
- follow the Customer's instructions;
- maintain security and prevent abuse;
- comply with law and carrier obligations; and
- enforce these Terms.
The Customer represents that it has all rights, notices, consents, and lawful bases needed for Text.st to process Customer Content and communicate with End Users as directed. The Customer is responsible for the legality, accuracy, quality, and integrity of Customer Content.
For Customer Content processed on the Customer's behalf, the Customer generally determines the purpose and means of processing, and Text.st acts as the Customer's service provider or processor. If the parties sign a data-processing agreement, that agreement controls for its subject matter.
You should export important records before closing a workspace. Text.st is not a substitute for your legally required system of record unless Text.st expressly agrees otherwise in writing.
16. Privacy, security, and confidentiality
The Text.st Privacy Policy explains how Text.st collects, uses, discloses, and protects personal information and is incorporated into these Terms.
Each party may receive nonpublic information that a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will use Confidential Information only to perform or receive the Services, protect it using at least reasonable care, and disclose it only to personnel, contractors, advisers, and providers who need it and are subject to confidentiality duties.
Confidential Information does not include information that the receiving party can demonstrate was lawfully known without restriction, independently developed without use of the other party's information, lawfully received from another source without a duty, or made public without breach of these Terms.
A party may disclose Confidential Information when legally required after providing advance notice where legally permitted and reasonably cooperating with protective measures.
Text.st uses reasonable safeguards designed to protect the Services and Customer Content. You are responsible for account security, authorized-user access, the security of Customer-controlled websites and systems, and secure configuration of any destination to which you direct Text.st to send data.
17. Connected and third-party services
The Services rely on or may connect with third-party identity, payment, hosting, AI-processing, telecommunications, carrier, registration, analytics, support, and infrastructure services. A Customer may also direct Text.st to send data to a webhook, booking system, or other destination.
Your use of a third-party service may be governed by that third party's terms and privacy policy. Text.st does not control third-party services and is not responsible for their independent acts, policies, outages, security, changes, rejection decisions, or discontinuation.
Text.st may add, replace, limit, or discontinue a connection when reasonably necessary for security, compliance, cost, reliability, or product operation. We will provide reasonable notice of a material change when practicable.
18. Text.st intellectual property
Text.st and its licensors own the Services, including the software, interfaces, designs, workflows, documentation, trademarks, logos, and other technology, excluding Customer Content.
Subject to these Terms and payment of applicable fees, Text.st grants the Customer a limited, nonexclusive, nontransferable, nonsublicensable, revocable right during the subscription term to access and use the Services for its internal business purposes.
No rights are granted by implication. Text.st, Text.st AI, related logos, and product names are trademarks or brand assets of Text.st. You may not use them in a way that implies sponsorship, endorsement, partnership, or ownership without written permission.
If you provide suggestions, ideas, or feedback, you grant Text.st a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or compensation, provided we do not publicly identify you as the source without permission.
19. Service availability and changes
We work to keep Text.st reliable, but the Services may occasionally be unavailable, delayed, limited, or interrupted because of maintenance, security events, software errors, carrier filtering, network congestion, registration issues, third-party failures, or events outside our control.
Unless a separate service-level agreement says otherwise:
- the Services have no guaranteed uptime or response time;
- message delivery, timing, order, and carrier acceptance are not guaranteed;
- numbers, routes, throughput, and features may change;
- test, preview, beta, or early-access features are provided for evaluation and may change or end; and
- Text.st may impose reasonable technical or usage limits to protect security, performance, compliance, and fair access.
We may improve, modify, add, or remove features. If we discontinue a material paid feature without a substantially equivalent replacement, we will provide reasonable notice and, where appropriate, allow cancellation or provide a prorated refund of prepaid subscription fees for the materially affected period.
20. Suspension and termination
Text.st may limit, suspend, or terminate access to a workspace, number, feature, or the Services if:
- fees are overdue or a payment method fails;
- registration information is false, incomplete, or rejected;
- a Customer violates these Terms or applicable law;
- use creates security, fraud, abuse, deliverability, legal, or carrier risk;
- a carrier, network, registration organization, court, or government authority requires it;
- suspension is reasonably necessary to prevent harm; or
- the Services or relevant component are discontinued.
Where practicable, we will provide notice and an opportunity to cure. We may act immediately when delay could cause harm, violate law, affect other users, or threaten the messaging ecosystem.
The Customer may terminate these Terms by canceling all subscriptions and ceasing use. Text.st may terminate for a material breach that is not cured within a reasonable period after notice, or immediately for a serious or repeated violation.
Upon termination, your license ends and you must stop using the Services. Accrued payment obligations and provisions that by their nature should survive—including ownership, confidentiality, disclaimers, liability limitations, indemnification, dispute resolution, and general terms—will survive.
21. Warranty disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TEXT.ST DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Text.st does not warrant that the Services will be uninterrupted, error-free, secure, compliant for every Customer, or compatible with every website, device, carrier, country, or third-party system. Text.st does not warrant messaging approval, number availability, message delivery, AI accuracy, booking completion, or business results.
Information provided by Text.st about compliance is general product information, not legal advice. You should obtain professional advice for your specific business and communications.
Some jurisdictions do not allow certain disclaimers. In those jurisdictions, the disclaimers apply only to the extent permitted by law, and nonwaivable rights remain unaffected.
22. Limitation of liability and indemnification
22.1 Excluded damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEXT.ST AND ITS AFFILIATES, LICENSORS, PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OPPORTUNITY; COSTS OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM CARRIER ACTIONS, MESSAGE FAILURE, AI OUTPUT, BOOKINGS, END-USER DISPUTES, OR THIRD-PARTY SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
22.2 Liability cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TEXT.ST AND THE TEXT.ST PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE SUBSCRIPTION FEES PAID TO TEXT.ST FOR THE AFFECTED WORKSPACE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) $100.
Pass-through carrier, registration, telecommunications, taxes, and third-party charges are not subscription fees for purposes of this cap.
The exclusions and cap do not apply to liability that cannot lawfully be limited, including liability arising from Text.st's fraud, willful misconduct, or other liability that applicable law makes nonwaivable.
22.3 Indemnification
To the extent permitted by law, the Customer will defend, indemnify, and hold harmless Text.st and the Text.st parties from third-party claims, damages, penalties, fines, costs, and reasonable legal fees arising from:
- Customer Content;
- the Customer's products, services, bookings, representations, or relationship with End Users;
- messages sent, requested, or authorized by the Customer;
- failure to obtain or document consent or honor an opt-out;
- inaccurate registration or campaign information;
- the Customer's violation of law, carrier rules, third-party rights, or these Terms; or
- a Customer-controlled website, integration, webhook, account, or system.
Text.st will provide reasonable notice of a covered claim and may control the defense and settlement. The Customer may not settle a claim in a way that admits fault by or imposes obligations on Text.st without written consent. This section does not require indemnification for Text.st's own fraud, willful misconduct, or other conduct for which indemnification is prohibited.
23. Dispute resolution, arbitration, and class-action waiver
Please read this section carefully. It requires most disputes to be resolved through individual arbitration rather than in court.
23.1 Informal resolution first
Before starting arbitration or litigation, the party raising a dispute must send a written notice describing the dispute, relevant account, requested relief, and supporting facts. Notices to Text.st must be sent to support@text.st with the subject line Legal Dispute Notice. The parties will make a good-faith effort to resolve the dispute for at least 30 days after receipt.
23.2 Agreement to individual arbitration
Except for the matters listed below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Text.st will be resolved by final and binding arbitration on an individual basis.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules when those rules apply and otherwise under its Commercial Arbitration Rules, as modified by these Terms. The arbitrator has authority to decide issues concerning the scope, enforceability, and formation of this arbitration agreement, except that a court will decide disputes concerning the class-action waiver or requests for public injunctive relief that applicable law requires a court to decide.
Arbitration may be conducted by video, telephone, document submission, or an in-person hearing as permitted by the applicable rules. For a Customer acting primarily for business purposes, the place of arbitration will be Los Angeles County, California, unless the parties agree otherwise. A consumer may choose a location and format as permitted by applicable law and the Consumer Arbitration Rules.
The arbitrator may award the same individual remedies a court could award. Judgment on the award may be entered in any court with jurisdiction.
23.3 Arbitration fees
Fees will be allocated under the applicable arbitration rules and law. If you qualify as a consumer, Text.st will pay fees that the applicable rules require a business to pay, and fee waivers may be available. Text.st will not seek legal fees from an individual consumer unless the arbitrator determines that a claim was frivolous or brought for an improper purpose under the applicable standard.
23.4 Exceptions
Either party may:
- bring an eligible individual claim in small-claims court;
- seek temporary or preliminary injunctive relief in court to protect intellectual property, account security, Confidential Information, or prevent unauthorized access or abuse while arbitration is pending;
- request public injunctive relief in court where applicable law requires that remedy to remain available; or
- report a concern to or seek relief from a government or regulatory authority.
23.5 No class or representative proceedings
YOU AND TEXT.ST AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
An arbitrator may not combine claims or preside over a class or representative proceeding unless both parties agree in writing. If this waiver is found unenforceable for a particular claim or remedy, that claim or remedy will proceed in court after any arbitrable matters are completed, unless applicable law requires otherwise.
23.6 Jury-trial waiver
TO THE EXTENT A DISPUTE PROCEEDS IN COURT, YOU AND TEXT.ST KNOWINGLY WAIVE THE RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.
23.7 Thirty-day right to opt out
You may opt out of this arbitration agreement by emailing support@text.st within 30 days after you first accept these Terms. Use the subject line Arbitration Opt-Out and include your full name, business name, account email, and a clear statement that you opt out of arbitration. Opting out will not affect your account or the remaining Terms. An opt-out applies only to the person or organization identified in the notice and not to later agreements unless stated otherwise.
24. California governing law and venue
These Terms and any dispute not subject to arbitration are governed by the laws of the State of California, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 23.
Any dispute permitted to proceed in court must be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to their personal jurisdiction and venue.
Nothing in these Terms limits consumer, privacy, or other rights that cannot lawfully be waived or prevents a regulator from exercising lawful authority.
25. General terms
25.1 Electronic communications
You agree that Text.st may provide agreements, disclosures, receipts, invoices, renewal notices, legal notices, and other communications electronically through the Services or by email. Electronic communications satisfy legal writing requirements to the extent permitted by law.
25.2 Order of precedence
If documents conflict, a signed written order form controls over these Terms for its commercial subject matter; a signed data-processing agreement controls for its data-processing subject matter; these Terms control over general website or product materials; and the applicable Order controls for current pricing, allowances, and plan features unless it expressly contradicts these Terms.
25.3 Assignment
You may not assign these Terms or transfer an account without Text.st's written consent. Text.st may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer to an affiliate. Any prohibited assignment is void.
25.4 Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, cyberattacks, government action, carrier or network failures, registration-system outages, or widespread infrastructure disruption. This section does not excuse payment obligations for charges already incurred.
25.5 Independent parties
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, employment, or exclusive relationship.
25.6 No third-party beneficiaries
These Terms do not create rights for any third party, except that the Text.st parties may enforce provisions that expressly protect them.
25.7 Waiver and severability
A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain effective, subject to the specific rules in Section 23.
25.8 Entire agreement
These Terms, the applicable Order, the Privacy Policy, and any signed product-specific or data-processing terms are the entire agreement concerning the Services and replace prior or contemporaneous agreements on the same subject.
25.9 Headings and interpretation
Headings are for convenience only. "Including" means "including without limitation." A reference to law includes amendments and successor provisions. The English version controls to the extent permitted by law if a translation conflicts with it.
26. Changes to these Terms
Text.st may update these Terms to reflect product, business, legal, security, or regulatory changes. We will post the revised Terms, update the "Last updated" date, and provide additional notice of material changes where required.
Changes apply prospectively. If a material change significantly reduces your rights or increases your obligations during a paid billing period, it will take effect at the next renewal or when you affirmatively accept it, unless an earlier change is required by law, security, carrier rules, or prevention of abuse.
Continuing to use the Services after updated Terms take effect constitutes acceptance where permitted by law. If you do not agree, you must stop using the Services and cancel before the updated Terms apply.
27. Contact Text.st
Questions about these Terms may be sent to:
Text.st Legal Team
Los Angeles, California, United States
support@text.st
