1. Introduction

These terms and conditions ("Terms and Conditions") are an agreement between Txtify Technologies ("Txtify") and you ("you" and "your") governing your use of Txtify's products, services, and websites (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and Conditions and our Privacy Policy, which can be found at https://txtify.io/privacy-policy.html. If you are using the Services on behalf of an organization, you are agreeing to these Terms and Conditions for that organization and representing that you have the authority to bind that organization to these Terms and Conditions. In that case, "you" and "your" will refer to that organization.

2. Services

Txtify's Services may include various products, applications, websites, and services, including but not limited to texting, phone calling, data analytics, and other communication services ("Products"). Txtify reserves the right to modify or discontinue any of the Services, or any part thereof, at any time. You acknowledge and agree that Txtify shall not be liable to you or any third party in the event that Txtify exercises its right to modify or discontinue any of the Services.

3. Registration

In order to access certain features of the Services, you may be required to register for an account. You agree to provide accurate and complete information when creating your account and to update your information as necessary to keep it accurate and complete. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify Txtify immediately of any breach of security or unauthorized use of your account. You may not use another user's account without permission.

4. Fees and Payment

You agree to pay all applicable fees for the Services in accordance with the fee schedule and payment terms in effect at the time the fee is due. Txtify reserves the right to change its fee schedule and payment terms at any time without prior notice. All fees are non-refundable.

5. Privacy

Txtify's Privacy Policy (found at https://txtify.io/privacy-policy.html) describes how we collect, use, and share information about you. You consent to the collection, use, and sharing of your information in accordance with our Privacy Policy.

6. Warranties and Disclaimers

Txtify makes no representations, warranties, or guarantees regarding the accuracy, reliability, or completeness of the Services. The Services are provided "as is" and "as available" and Txtify disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

In no event shall Txtify, its officers, directors, employees, or agents, be liable for any direct, indirect, special, incidental, or consequential damages, whether based in contract, tort, or otherwise, arising out of or in connection with the use of the Services or any other materials or services provided to you by Txtify.

8. Indemnification

You agree to indemnify and hold harmless Txtify, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services.

9. Miscellaneous

This agreement is governed by the laws of the province of Ontario, Canada, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms and Conditions or the Services shall be subject to the exclusive jurisdiction of the courts of Ottawa, Ontario, Canada. You may not assign or transfer these Terms and Conditions without the prior written approval of Txtify. Txtify's failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect.

This Agreement constitutes the entire agreement between you and Txtify with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Txtify with respect to the Services.

These Terms and Conditions were last updated on January 1, 2023.

By signing up for and using Txtify's Services, you agree to be bound by these Terms and Conditions.

Txtify Technologies
1 Rideau Street
Ottawa, ON K1N 8S7