TERMS OF SERVICE ("Terms")
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Texter-AI website (the "Service") operated by Oaxsys SMB Services and Automations and it's subsidary, Texter-AI ("us", "we", or "our") or any of our websites including, but not limited to:
http://demo.texter-ai.com and its subdomains.
Texter-AI
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian, and they agree to be bound by these Terms on your behalf.
By accessing or using the Service and services offered by these sites, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
Availability, Errors, and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind, either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Texter-AI cancels it. Cancellations must be in writing and must be received within 60 days of the next rebill date. Cancellations can be processed by contacting Texter-AI customer support team by emailing
.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Texter-AI with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Texter-AI to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, your access to the services and programs of the sites will be denied until such time as the subscription, license, or access fee is paid in full. You can contact support at
to arrange payment.
The initial free credits for SMS and email are recurring per month. If you go over the credit allotment, your credit card on file will be charged for the overages at the standard pricing.
Free Trial
Texter-AI may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Texter-AI until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Texter-AI reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
Texter-AI, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Texter-AI will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by Texter-AI on a case-by-case basis and granted in the sole discretion of Texter-AI. We offer an unconditional 14-day refund period on the initial purchase of our software-only programs. After that 14-day period has passed, including the renewal of subscription plans, refunds will be at the sole discretion of Texter-AI or its agents and may include the recoupment of associated costs and fees for the system at the discretion of Texter-AI.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of
and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Texter-AI and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Texter-AI. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Texter-AI.
Texter-AI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Texter-AI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. To cancel ongoing subscriptions, please contact our support desk at
.
NOTE:
Cancellations MUST Be done through our support desk.
Cancellation requests must be made 10 days before the end of the billing cycle to conclude at the end of the current cycle.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
Upon termination of your account, any referred customers will have payment redirected to the parent company (Texter-AI) not the reseller. If any client has been brought on board directly (not through the payment system), as in - they have received free access through a reseller coupon or other method, that client account will be canceled in the event of the Agency Partner cancellation.
Indemnification
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses, and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party. You acknowledge that Texter-AI and its agents are not liable for technology failures that may cause damage to you or your business.
This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.
As an authorized reseller of our software, you must abide by the following rules, not limited to, but including:
You must not at any time advertise the products or any of our software for ANYTHING less than recommended retail pricing.You must not make promises of performance other than those specifically created by Texter-AI or its associated brands.You must immediately refund any monies paid to you by third parties for the use of the software applications or services if that third party has paid you directly and requests a refund.You must keep private any and all discount coupons or reduced pricing offers.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill, or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract or pursuant to the Competition and Consumer Act 2010 (Cth) including but not limited to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have the sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays, or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Texter-AI, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or alteration of or use of a record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence, or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New Mexico, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
Privacy Policy
LAST UPDATED SEPTEMBER 29, 2023
Introduction
This page (“Privacy Policy” or “Policy”) provides our policies and procedures for collecting, using and disclosing your information and outlines the security measures we’ve put in place to protect the information that you store using Texter-AI's ("Texter-AI") a subsidiary of Oaxsys SMB Services and Automations, services, including the services made available through this website, and any other software or services offered by Texter-AI in connection with such services (the “Services”). By using these Services, you consent to the collection, transfer, processing, storage, disclosure and other uses of your information described in this Privacy Policy.
What information does Texter-AI collect and store?
Personal Information
When expressing an interest in obtaining additional information about the Services or registering to use the Services, Texter-AI requires you to provide your personal contact information, such as your name, company name, address, phone number, and email address (these are referred to below as your “Personal Contact Information”). When purchasing the Services, Texter-AI also requires you to provide financial and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”).
Data, Diagnostic & Login Information
Using Texter-AI’s Services, you will be able to create, upload, store and share information such as company description, email ID, logo, photos, custom emails, user email IDs, etc. (this is collectively referred to below as “Data”). This information will be stored and maintained on Texter-AI’s website. If you run into technical errors in the course of using the Services, Texter-AI may request your permission to obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, browser version (and .NET version information in case of Windows systems), and your email address, if provided. Additionally, certain login information is maintained in a cookie stored locally on your computer (i.e. not on a server) in order to streamline the login process (“Login Information”).
Analytics Information
As you navigate Texter-AI's website and use our Services, Texter-AI may also collect information through the use of frequently used information-gathering tools, such as cookies and Web beacons (“Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on Texter-AI's website (such as web pages viewed and links clicked). Collectively, this information is referred to as “Analytics Information.”
Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to your website or other websites.
Google's use of advertising cookies enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
Users may opt out of personalized advertising by emailing [email protected]
.
Geo-Location Information
Texter-AI does not collect any information regarding your real-time geo-location while using the Services; however, it may do so at some point in the future. We will request your permission before collecting such information.
What does Texter-AI do with the information it collects?
Texter-AI uses the information it collects in the following ways:
Personal Contact Information – We use this information primarily to administer our Services to you and provide you with updates and product announcements. Per the Privacy and Conditions, we may use some of your information for marketing purposes, as explained below.
Billing Information – Texter-AI does not store any Billing Information on its servers. Instead, we use a payment provider, Stripe (
), to store and process all payment-related transactions. Find information regarding Stripe’s privacy policy here.
Data, Diagnostic Information and Login Information – We use this information solely for the purpose of administering and improving our Services to you.
Analytics Information – Texter-AI may use your Analytics Information in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, to increase the Services’ functionality and user-friendliness, and to verify users have the authorization required for the Services to process their requests.
Sharing & Disclosure of Private Information
Third Party Applications and Your Use
Texter-AI provides users with the ability to link to their Data on third-party sites such as Facebook, Twitter, and LinkedIn. Such linking is at the complete discretion of users. Because of this, Texter-AI cannot be held responsible or liable for the linking of user’s Data to such third-party sites, nor for how these third-party sites use such links.
Marketing and Publicity
Per our Privacy and Conditions, you agree to permit Texter-AI to identify you as a customer and to use your name and/or logo in Texter-AI's website and marketing materials.
Sale of Personal Information
Texter-AI does not sell, rent, or trade your private information to any third parties in any way.
Service Providers and Business Partners
Texter-AI may use certain trusted third-party companies and individuals to help us provide, analyze, and improve the Services (including, but not limited to, data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Services’ features). These third parties may have access to your information strictly for the purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.
Non-Private or Non-Personal Information
We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Services, in our discretion.
Our Use And Disclosure of Information
Texter-AI will not disclose any personally identifiable information about any individual except as set forth in this Privacy Policy. This applies to information about our customers and information our customers provide to us about their customers. We are not limited in any way in our use of non-personal information that does not permit direct association with any specific individual or non-identifiable aggregate information about our users (such as the number of customers who use our services, the geographic distribution of our users, the amount of information located and/or removed, etc.).
Internal Uses of Your Personally Identifiable Information
We collect, store and process your personally identifiable information on servers located in the United States. Due to the unpredictable nature of Internet routing, your information may pass through other countries while in transit to our servers. We use the information we collect about you to:
Develop and deliver our servicesProcess your transactionsProvide customer service and manage your accountImprove our products, services and marketing.
We provide access to personally identifiable information about our users only to those who require it for the above purposes.
Texter-AI will not sell or rent any of your personally identifiable information to third parties. Texter-AI will not share any of your personally identifiable information with third parties except in the limited circumstances described below.
We share information with service providers under contract who help with our business operations such as payment and order processing, fraud investigation, bill collection, and information management and analytics. If content generation is included in your services, we may share information with service providers under contract to create, edit and/or publish such content. These third parties are obligated to protect your information and are contractually prohibited from using your personally identifiable information for any other purpose. They are never permitted to share your information with any third parties. They are authorized to use your personal information only as necessary to provide these services to Texter-AI.
We disclose information that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity, to conduct investigations of violations of our Privacy of Use and/or to protect our right, protect your safety and the safety of others. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we reserve the right to provide that person or entity’s contact information (but not bank account or credit card information) to victims who request it.
We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. If the subpoena seeks information about an identified subscriber or limited group of subscribers, we will make reasonable business efforts to contact the subscriber(s) before providing information to the party that requests it. We cannot guarantee that we will be able to do so in all cases, whether due to a time limit, court order, inability to effectively contact a subscriber, or other circumstances.
When a user signs up for a co-branded version of our service through links to Texter-AI.com from our co-branded partner’s website, Texter-AI will share with the co-branded partner that user’s name, e-mail address and physical address in order to provide enhanced integration between Texter-AI services and the services of our co-branded partner. If you do not want your information shared with Texter-AI's co-branded partner, sign up for Texter-AI directly through Texter-AI.com and other sub-domains and not through a link from our partner’s website.
We disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
We share information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our products, services and advertising. It will not be shared with third parties for their marketing purposes. These third parties are contractually obligated to protect your information and are prohibited from using your personally identifiable information for any other purpose.
As with any other business, it is possible that in the future, Texter-AI could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by Texter-AI, including customer account information, but would continue to be bound by this Privacy Policy until it is amended.
We share your information with our parent, subsidiaries and joint ventures to help coordinate the services we provide to you, enforce our terms and conditions, and promote trust and safety.
The implementation of our Services, by its very nature, may require using your personally identifiable information to locate other information about you. Such use may include, but not be limited to, using your information to search the publicly accessible Internet sites as well as searching private information databases and sites.
The implementation of our Services, by its very nature, may require revealing your personally identifiable information in order to effect removal of Internet content about you. For example, we may have to disclose your name to a website in order to notify them to remove Internet content about you. This occurs with your express permission for a specific, given purpose.
Internal Uses of Your Personally Identifiable Information
We will retain your information for as long as your account is active or as needed to provide you the Services. If you wish to cancel your account or request that we no longer use your information to provide you the Services, you may delete your account (this will be done by Texter-AI's customer care team). If you delete your account, your Data will no longer be stored on our servers. While we try to delete your Data from our servers as quickly as possible, please be aware that there may be a delay from the time you delete your account to the time that your Data is removed, and that some of your Data may continue to exist for a period in backup copies.
Changes To Privacy Policy
If we decide to make material changes to our Privacy Policy, we will notify you by e-mail through the primary e-mail address specified in your account and/or post those changes to this Privacy Policy on the Website homepage prior to the changes taking effect. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you.
You are also responsible for regularly reviewing the Privacy Policy and related documents. We reserve the right to modify this Privacy Policy at any time. No amendment to or modification of this Policy will be binding unless in writing and signed by a duly authorized representative of Texter-AI, or posted to the Site by a duly authorized representative of Texter-AI.
In the event that Texter-AI goes through a business transition, such as a merger, an acquisition by another company, or a sale of a portion of its assets, users' personally identifiable information will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the site for 30 days after a change of ownership or control of their personally identifiable information. If, as a result of the business transition, a user’s personally identifiable information will be used in a manner different from that stated at the time of collection, users will be given a choice consistent with our notification of changes section.
If you reside in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland, or Switzerland, you may have additional rights with respect to your personally identifiable information (otherwise known as Personal Data). These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”), if you are a resident of the EU, United Kingdom, Lichtenstein, Norway, or Iceland. “Personal Data” is any data that relates to an identified or identifiable natural person. Examples of Personal Data include identifiers such as name, location data, and unique online identifiers.
In addition to the principles, practices, and policies set forth above in this Privacy Policy, Texter-AI has adopted the following principles to govern its collection and processing of Personal Data:
Personal Data shall be processed lawfully, fairly, and in a transparent manner.The Personal Data collected will only be those specifically required to fulfill Texter-AI's obligations to deliver the Texter-AI service.Personal Data shall only be retained for as long as it is required to fulfill contractual requirements.Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept up to date.The data subject has the right to request from Texter-AI access to and rectification or erasure of their Personal Data, to object to or request restriction of processing concerning the data, or to the right to data portability. In each case, such a request must be put in writing to Texter-AI.
About the California Consumer Privacy Act (CCPA)
Effective on January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents to obtain certain information collected by the business with whom they have established business relationships.
If you are a California resident, you may exercise certain rights to access, restrict, or delete your personal information by submitting a request through this link.
Community
Our Services may include publicly accessible community services such as blogs, forums, and wikis. Please be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts on these communities may remain even after you cancel your account.
Questions, Complaints, and Contacts
If you have any questions regarding this Privacy Policy, please contact us at
, or by U.S. mail at the address below:
Texter-AI, LLC. P.O. Box 526 Glorieta, NM 87535
Attn: J. Warner