Terms of Service
FOR PRIVACYTEXT SMS SERVICE
This Customer Service Agreement (the “Agreement”) sets forth all the terms and conditions that govern your use of the services offered by or through PrivacyText, whether you access them via a mobile application or through PrivacyText (the “Website”).
Your online acceptance of this Agreement will have the same legal effect as if you were providing a handwritten signature of acceptance.
TERMS AND CONDITIONS
PrivacyText offers you, among other things, the ability to send and receive private text messages. This allows you to send and receive text messages via an alternate phone number. These services are provided on a pre-paid and subscription basis and do not require you to change your current telephone service provider(s) in order to use the services. PrivacyText is not responsible for reimbursement for texts sent with another service while PrivacyText is temporarily unavailable.
You agree to use the PrivacyText services only for purposes that are lawful in the jurisdictions where you are texting from and texting to. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law. In addition, you shall not use the text message feature in connection with telemarketing or debt-collections. While sending an SMS with an alternate phone number is not illegal in the U.S., sending an SMS with an alternate number may violate the laws of other countries, and before using the service you should check the laws of the country in which you are located and in which the person you are sending an SMS to is located. If PrivacyText concludes that you are texting a number to affect the results of a survey or contest conducted by a third party, PrivacyText may provide the third party with notice that the text has been sent (but not, except pursuant to subpoena or other legal processes, the actual texting number or any personal information about you). PrivacyText reserves the right to immediately, and without notice, terminate or discontinue your Account and PIN in the event it determines in its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud, PrivacyText may monitor or review customers’ messages stored on its servers, and provide message details or account information to law enforcement agencies. In addition, PrivacyText’s equipment routinely archives the text of any SMS sent via the private SMS service, and such texts will be made available to law enforcement agencies consistent with applicable law.
Opening an Account
In order to become a PrivacyText customer, you must complete the signup process within the mobile application. As part of the application, you will provide PrivacyText with a unique phone number and personal PIN.
Usernames/[Passwords/Personal Identification Numbers
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME, PASSWORD, AND PERSONAL PIN, AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT USING YOUR PASSWORD OR PIN WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account, Username, Password or PIN are being used in an unauthorized manner, you agree to contact PrivacyText within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the contact information that you have provided to PrivacyText. Therefore, you should use secure devices and access to that information. PrivacyText is not responsible for the actions of any person that gains access to your account. Please note that you are responsible for any and all charges to your account and PrivacyText cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card, password or PIN.
When you give PrivacyText permission to do so, PrivacyText accesses your mobile phone’s address book to allow ease of selection for the number you wish to text. We do not collect or store this information in our database.
Recharging Prepaid Account
In the event you want to use services whose cost exceeds the remaining balance in your prepaid account, you may access the buy page and recharge (or supplement) your Account by purchasing additional service in non-refundable, preset dollar values.
PrivacyText’s rates for prepaid services are listed within the application and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before sending or receiving an SMS using PrivacyText’s services. PrivacyText reserves the right, at its sole discretion, to modify its rates at any time and/or to offer special promotions. PrivacyText’s prepaid rate structure is found in the ”Purchase” section of the application. In addition, though it is not the intent of PrivacyText to raise its rates at any point in the future, PrivacyText reserves the right to adjust its rates accordingly.
We may from time to time introduce new features to a Service or modify or delete existing features at our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the terms of this Agreement or any Service-specific rules concerning those features.
You are responsible for maintaining a current email address and for reading email from PrivacyText so that we can notify you of updates to PrivacyText’s service and any customer account information.
Charges for text messages are measured by total characters.
If you have a dispute related to a charge on your credit card, you must contact the respective app store through which you purchased, either the App Store or Google Playstore. For all other disputes related to account usage or billing, please contact Support@PrivacyText.com.
PrivacyText reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and your access to its services, upon one (1) day’s electronic notice and/or (b) to refuse to allow you to utilize your Account. If fraud is suspected, PrivacyText has the right to put an Account immediately on hold until further investigation takes place.
PrivacyText reserves the right to pass any new government taxes, fees or surcharges on to customers by changing its rates.
Limitation of Liability
PrivacyText SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TEXT MESSAGES, REGARDLESS OF THE NATURE OF THE CLAIM. PRIVACYTEXT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF PRIVACYTEXT HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRIVACYTEXT IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING ITS SERVICE. PRIVACYTEXT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE APPLICATION OR BY ANY OTHER MEANS. PRIVACYTEXT ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE PRIVACYTEXT SERVICES IN ANY COUNTRY.
PRIVACYTEXT DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. PRIVACYTEXT ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE LEGALITY OF THE USE OF ANY OF THE PRIVACYTEXT SERVICES IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.
PrivacyText shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of PrivacyText.
You agree to indemnify, defend and hold PrivacyText, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the application, harmless from and against all claims, actions, proceedings, expenses, damages, and liabilities, including attorney’s fees, which are the result of or are in any way related to, your use of the Application or PrivacyText’s services, or your transactions or communications with third-party vendors initiated via the Application or the Service.
All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for a final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Holmdel, New Jersey. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys’ fees of the prevailing party shall be assessed against the party against whom the award is rendered.
Consent to Communications
By entering into this agreement, you consent to the receipt of electronic mail (“e-mail”), text messages and customer service communication from PrivacyText. In addition to sending you notifications as provided for above, PrivacyText may also send you communications about services and products we believe may be of interest to you. You may opt-out of future notifications and text messages about products or services by contacting us by e-mail at Support@PrivacyText. PrivacyText reserves the right, however, to continue to contact you regarding important information relating to your account, or this agreement.
This agreement may be modified or amended by PrivacyText at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Application under “Terms and Conditions.” Furthermore, you will be asked to verify the acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of PrivacyText (collectively “Marks”), including but not limited to “PrivacyText” are and shall remain the exclusive property of PrivacyText and nothing in this agreement shall grant you the license to use such Marks without the express written permission of PrivacyText. PrivacyText retains ownership and all rights to the PrivacyText name, logo, software, databases, reports, web site, and information. PrivacyText reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by PrivacyText. However, each individual user has the right to use the PrivacyText name on their site to further promote the PrivacyText service to the Internet community at large if they so wish.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
This Agreement, together with any written amendments or modifications, constitutes the entire agreement between you and PrivacyText with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and PrivacyText.
This agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York, U.S.A., without giving effect to its conflicts of laws principles.
PrivacyText assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage which may arise from reliance on the information contained on this site. Links to other applications or services may at times be provided for your enjoyment, but PrivacyText accepts no responsibility or liability for access to or the material on any application or service which is linked from or to this application. By providing links to other applications or services, PrivacyText does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by PrivacyText.
All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
Please note: When you sign up for an account at PrivacyText, your email address is automatically entered into our newsletter database. The newsletter is generally sent out 2-3 times a year, and it offers coupon codes, sale items, feature products, and informative articles. Simply click on the unsubscribe button, found at the bottom of the newsletter, if you do not wish to receive future newsletters. Email addresses are not sold or shared with other companies. They are used solely by PrivacyText.