Terms of Service

Who these terms are with

These terms are an agreement between Textcierge Inc. ("Textcierge", "we", "us") and the business or person who signs up for a plan ("you"). They cover this website and the Textcierge software, including the shared inbox, campaigns, keywords, automations, analytics and AI reply drafts (together, the "Service").

If you sign up on behalf of a business, you confirm you have authority to accept these terms for it. You must be at least 18 years old to use the Service.

Textcierge Inc., [EIN Address]. Email support@textcierge.com, phone [ADD PHONE].

Plans and what they include

We sell three monthly subscription plans: Front Desk, Concierge and Grand. Each plan includes a monthly allowance of outbound texts, a number of user seats, a number of keywords and unlimited contacts. The current allowances and prices are listed on the Pricing page, and the plan you choose is confirmed in writing when we set up your account.

One outbound text is one message of up to 160 standard characters sent to one recipient. Longer messages, or messages with emoji and some special characters, may count as more than one text. The composer shows the count before you send.

Billing, renewal and overage

• Your plan is billed on the day it starts and renews automatically on the same date each month until you cancel.
• Texts sent beyond your monthly allowance cost 2.5 cents each and are added to your next bill. You can set a hard cap in your account so sending stops at your allowance.
• Unused texts do not carry over, except on the Grand plan, where unused texts roll over for one month.
• There is no setup fee. Carrier registration for your number is included in your plan.
• Prices do not include sales tax. Where tax applies, it is shown before you pay.
• If we change a plan's price, we will email the account owner at least 30 days before the new price applies to you.

Canceling and refunds

You can cancel at any time from Settings, then Billing, then Cancel plan. Canceling stops the next renewal. You keep access until the end of the month you already paid for.

Because plans are billed month to month, we do not give partial refunds for unused days or unused texts, except where the law requires it. If we charge you in error, contact us and we will refund the mistaken amount.

You can change plans at any time. The new price starts on your next billing date.

Your account and your team

Keep your sign-in details private and give each teammate their own seat. The account owner is responsible for activity by everyone on the account and for removing people who should no longer have access.

Keep your business details, billing details and contact email current. We use them to register your number with carriers and to reach you about your account.

Your messages and your contacts

You are the sender of every message sent from your account, and you decide who receives it. That means you are responsible for following the laws and carrier rules that apply to business texting, including the Telephone Consumer Protection Act and the CTIA Messaging Principles. In particular, you agree to:

• Text only people who have given you the consent the law requires for the kind of message you are sending, and keep a record of it. Contacts who join through a Textcierge keyword or web form have their consent logged for you.
• Identify your business in your messages and include opt-out wording such as "Reply STOP to opt out" in marketing messages.
• Never re-add or re-import someone who has opted out unless they opt in again.
• Send messages at reasonable hours for the recipient's time zone and follow any state rules on quiet hours.
• Never use purchased, rented or shared contact lists.

You may not use the Service to send messages that are illegal, deceptive, harassing or hateful; that offer or promote cannabis, firearms, gambling, payday or high-interest loans, adult content, or debt relief; that are third-party lead generation; or that try to collect passwords or payment details through a link. We may review messages flagged by our systems or by carriers to enforce this section.

Phone numbers and delivery

We provide the phone number on your account, or text-enable a number you already own, and register it with carriers using the business details you give us. The number stays assigned to your account while your plan is active. If you want to keep it after you leave, ask us to help you move it before your plan ends. Numbers on closed accounts may be released 30 days after the plan ends.

Texts travel through wireless carriers we do not control. Carriers can delay, filter or block messages, and we cannot guarantee that every message is delivered or delivered on time.

AI reply drafts

AI features suggest replies, summarize threads and sort your inbox. They never send a message on their own. A person on your team reviews and sends every message, and you are responsible for what you send.

AI suggestions can be wrong or out of date. Check facts such as prices, times and availability before you send. We do not allow our AI providers to train their models on your messages.

Fair use of the software

Please do not copy, resell or sublicense the Service; try to reverse engineer it; scrape it; test its security without written permission; or use it in a way that degrades it for other customers. Accounts that send unusually high volumes in a short time may be paused while we confirm the traffic is legitimate.

Who owns what

You own your contacts, your messages and everything else you put into Textcierge ("Your Content"). You give us permission to store, process and transmit Your Content only as needed to run the Service for you, to keep it secure and to meet legal obligations.

We own the Textcierge software, website, brand and everything we create to provide the Service. If you send us suggestions, we may use them without owing you anything.

Suspension and closing an account

We may pause or close an account if a payment fails and is not fixed within 14 days, if messages from the account break the rules above, if a carrier requires it, or if continuing would expose you, us or recipients to legal risk. Where we reasonably can, we will tell you first and give you a chance to fix the problem.

After an account closes, you have 30 days to export your contacts and message history from Settings, then Export. After that we delete them as described in our Privacy Policy.

What we do not promise

We work to keep the Service available and working well, but we provide it as is and as available. We do not promise that it will be uninterrupted or error free, that any campaign will produce a particular result, or that every message will be delivered.

Limits on liability

To the extent the law allows, Textcierge is not liable for indirect, incidental, special or consequential losses, such as lost profits or lost business, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim arose. Nothing in these terms limits liability that cannot be limited by law.

Resolving disagreements

If you have a problem with the Service, email support@textcierge.com first. We will try to resolve it within 30 days. If we cannot, these terms are governed by the laws of the State of Delaware, and either of us may bring a claim in the state or federal courts located in Delaware, or in small claims court where you are located if the claim qualifies.

Changes to these terms

We may update these terms as the Service changes. If a change materially affects your rights, we will email the account owner at least 14 days before it takes effect. The date at the top shows when these terms were last changed.

Contact

Questions about these terms: support@textcierge.com, [ADD PHONE], or by mail at Textcierge Inc., [EIN Address].