Terms of Use

NOTICE – READ THIS BEFORE USING THE TXTFUL SERVICE. USE OR EVALUATION OF THE SERVICE ACCOMPANYING THIS LICENSE AGREEMENT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO USING OR EVALUATING THE SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY, DISCLOSE OR TRANSFER INFORMATION AVAILABLE VIA THE SERVICE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

The txtful service (the "Service") is provided by TXTFUL, LLC, with offices at 927 W Irving Park Rd, Itasca, IL 60143 (the "Company"). This is a legal agreement ("Agreement") between you and the Company, please read the Agreement carefully before registering for the Service. By completing your registration, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the terms and conditions of this Agreement (the “Terms”) for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are subject to change by the Company at any time, effective upon notice to you or the posting of such revised terms on the Company website (the "Site"). Any use of the Service after such notice will constitute acceptance by you of such changes.

1. License and Proprietary Rights. Subject to the terms and conditions hereof, you are hereby granted a non-sublicensable, non-transferable, non-exclusive, royalty-free license to use the Service during the Term (as defined below). Other than the foregoing license, no rights or licenses are granted hereunder and the Company owns and hereby retains all proprietary rights in the Service. You agree that you will not publish, transmit, copy, distribute, perform, display, transfer or sell any Company or third party proprietary information available via the Service or the Site. You agree to use your best efforts to prevent and protect the contents of the Service from unauthorized use. Company and its licensors reserve all rights not expressly granted to you. Company’s licensors are the intended third party beneficiaries of this agreement and have the express right to rely upon and directly enforce the terms set forth herein.
2. No Further Obligations. Nothing herein shall obligate you to license any additional services from the Company. Nothing herein shall obligate the Company to provide or market any additional services or support.
3. Confidentiality. “Confidential Information” means any oral, written, graphic or machine-readable information disclosed by the Company that is (i) identified herein as confidential; (ii) designated in writing to be confidential or proprietary or (iii) should be reasonably understood to be confidential. You agree to: (a) refrain from using Confidential Information except as necessary to exercise the limited license granted herein and (b) use best efforts to preserve and protect the confidentiality of the Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information: (i) already publicly known; (ii) otherwise known to Customer through no wrongful conduct, or (iii) to the extent required to be disclosed by law or court order.
4. Disclaimer of Warranties. THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Term and Termination. This Agreement shall become effective upon your acceptance of the Agreement by registering for the Service or your use of the Site or the Service and shall remain in effect in perpetuity unless terminated hereunder (the “Term”). Either you or the Company may terminate this Agreement at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. If this Agreement terminates for any reason, you must return or destroy all data related to the Service within 15 days of a request by the Company for such data, and you agree to provide a certificate to the Company acknowledging that you have done so, promptly following the Company’s request for such certificate.
7. General Provisions. You agree that Illinois law (without giving effect to its conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the federal and state courts serving Itasca, Illinois, other than for actions to enforce any order or judgment entered by such courts. You agree that the Company may seek injunctive relief for any claims arising out of a breach of the provisions hereof related to confidentiality or proprietary information. This Agreement, accepted upon registration for the Service, contains the entire agreement between you and the Company regarding the use of this Service. In the event that any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing. Unless otherwise explicitly stated, the terms and conditions hereof will survive termination of this Agreement.
8. Export Controls. You agree that you will only use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. As a Registered User you agree that you are not (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services.
9. Service Support. If you have any questions regarding the Service, this agreement, or would like to request support please contact us at help@txtful.com.