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Terms of Service

Last updated: August 11, 2026

These Terms of Service ("Terms") govern your access to and use of the Textivo platform, websites, and related services (collectively, the "Service") provided by Textivo ("Textivo," "we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

1. The Service

Textivo is a communications platform that lets marketing agencies and their clients send SMS/MMS campaigns, run two-way conversations, automate follow-up with AI assistants, manage contacts and pipelines, place and receive calls, and register 10DLC brands and campaigns. Features may change, be added, or be removed over time. We may impose usage limits, and access to certain features may depend on your plan or entitlements.

2. Accounts and Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly of any unauthorized use. You agree to provide accurate account information and to keep it up to date.

3. Agencies, Workspaces, and Sub-Accounts

The Service is organized into agencies, workspaces (sub-accounts), and users. An agency may create workspaces for its own clients and invite users into them. If you access the Service as a user within an agency or workspace you do not own, your use is also subject to the policies of the organization that administers that account, and that organization may access, manage, or remove your access and associated data.

4. Messaging Compliance — Your Responsibilities

You are solely responsible for the messages you send and for complying with all applicable laws and carrier requirements, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA messaging principles, 10DLC/A2P registration requirements, and any state or international equivalents. In particular, you agree that:

  • You will obtain and maintain proof of prior express (and, where required, written) consent from every recipient before messaging them.
  • You will honor opt-out requests immediately, and you will not remove or interfere with STOP/unsubscribe handling.
  • You will accurately register your brand and campaign use cases (10DLC) and will not send content that differs materially from what you registered.
  • You will not send messages to numbers on a do-not-contact list, and you will respect quiet-hours and frequency rules.
  • You will not send prohibited content, including messages relating to illegal activity, or content prohibited by carriers (often referred to as "SHAFT" — sex, hate, alcohol, firearms, tobacco — where restricted).

Textivo provides tools to help you comply (such as opt-out handling and quiet-hour windows), but we do not provide legal advice and we are not responsible for your compliance. You are responsible for your end clients' compliance where you send on their behalf.

5. Acceptable Use

You agree not to, and not to permit anyone to:

  • Use the Service to transmit unlawful, fraudulent, deceptive, harassing, or infringing content;
  • Send unsolicited messages or engage in "snowshoeing," number rotation to evade filtering, or other abusive sending practices;
  • Attempt to gain unauthorized access to the Service, other accounts, or related systems, or probe or test their vulnerability;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Reverse engineer, resell, or sublicense the Service except as expressly permitted; or
  • Use the Service in violation of any applicable law or third-party rights.

We may investigate suspected violations and may suspend or terminate access to protect the Service, our users, or carriers.

6. Fees, Billing, and Credits

Paid features are billed according to the plan, rate card, or credit balance associated with your account. Usage-based charges (such as per-message, per-minute, number, and registration fees) are drawn from your balance or billed as incurred. Prepaid balances and credits are generally non-refundable except where required by law. Fees are exclusive of taxes, which you are responsible for. Failure to maintain a sufficient balance may result in suspension of sending or other paid features.

7. Third-Party Services

The Service relies on third-party providers, including telecommunications carriers and messaging providers, payment processors, email delivery, and calendar and identity providers. Your use of features that depend on these providers may be subject to their terms, and we are not responsible for their acts or omissions. We may change providers at any time.

8. Intellectual Property

The Service, including its software, design, and content (excluding your data), is owned by Textivo and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms. You retain ownership of the data and content you submit ("Customer Data"), and you grant us a license to host, process, and use it as necessary to provide and improve the Service.

9. Confidentiality

Each party may access the other's confidential information in connection with the Service. Each party agrees to protect the other's confidential information with reasonable care and to use it only as needed to perform under these Terms.

10. Term and Termination

These Terms apply while you use the Service. You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, create risk or possible legal exposure for us, or for prolonged inactivity or non-payment. Upon termination, your right to use the Service ceases. We may retain and delete Customer Data in accordance with our Privacy Policy and applicable law. Sections that by their nature should survive termination will survive.

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that messages will be delivered. Message deliverability depends on carriers and factors outside our control.

12. Limitation of Liability

To the maximum extent permitted by law, Textivo will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to the Service. Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the amounts you paid to us for the Service in the three (3) months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold harmless Textivo and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your Customer Data, your messages, or your violation of these Terms or applicable law — including any claim by a message recipient or regulator relating to consent or messaging compliance.

14. Changes to the Service and Terms

We may modify the Service and these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new "last updated" date or by notifying you in-app or by email). Your continued use of the Service after changes take effect constitutes acceptance.

15. Governing Law and Disputes

These Terms are governed by the laws applicable at Textivo's principal place of business, without regard to conflict-of-laws rules. The courts located there will have exclusive jurisdiction over disputes arising out of or relating to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction.

16. Contact

Questions about these Terms? Contact us at legal@textivo.io.