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Terms of Service

Introduction

These Terms of Service are a contract between you and Textive Technologies Limited (referred to in these Terms of Service as “Textive”, “us”, “we” or “our”), the provider of the Textive website and the services accessible from the Textive website (which are collectively referred to in these Terms of Service as the “Textive Service”). These Terms of Service (“Terms”) govern your access to and use of our messaging platform, which offers SMS, MMS, WhatsApp, and RCS messaging services (“Services”). You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Textive Services. In these Terms of Service, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

  1. Definitions 
    1. “Account”: Refers to the registered profile created by the User for the use of our services.
    2. “Services”: Refers to all messaging services provided by Textive including but not limited to SMS, MMS, WhatsApp, and RCS messaging.
    3. “User” or “Customer”: Any individual or entity using the Services.
    4. “Message Content”: Any communication, text, images, or media transmitted using our Services.
    5. “Pay-as-You-Use Pricing Model”: A billing model where Users are charged based on the volume and type of messages sent.

2. Your Account

2.1 Eligibility: Your account must be registered by a human being or an authorized representative of a business entity. Accounts created by automated methods, such as “bots,” are strictly prohibited. If you are an individual, you must be at least 18 years old to create an account. If you are registering on behalf of a business, you represent and warrant that you have the authority to bind the business to these terms.

2.2. Registration Information: During the registration process, you must provide accurate and complete information, including a valid and permanent email address and any other information required by Textive to activate your account. A single individual or legal entity may not maintain more than one free account. We reserve the right to verify the information provided and may suspend or terminate your account for any inaccuracies or violations of our policies.

2.3. Account Security: You are responsible for maintaining the confidentiality of your account login credentials, including your password. You agree to immediately notify us of any unauthorized access or use of your account or any other security breach. Textive will not be liable for any loss or damage arising from your failure to comply with this security obligation.

2.4. Message Content Responsibility: You are solely responsible for the content of all communications sent through our services. We do not control or monitor the content of messages transmitted and are not liable for any misuse of the platform by users.

2.5. Account Restrictions: You agree to use the Textive services in compliance with all applicable laws, rules, and regulations, including but not limited to telecommunications, telemarketing, data privacy, and international messaging laws. Without limiting the foregoing, you agree that you will not use the service for any illegal, unauthorized, or improper purposes, including but not limited to:

a) Distributing malicious software, viruses, or any other harmful code that may damage or disrupt the service, devices, or networks;

b) Attempting to interfere with, compromise, or circumvent any security measures or restrictions of the Textive service;

c) Infringing or violating the rights of others, including intellectual property rights, privacy, or publicity;

d) Sending or disseminating unlawful, defamatory, harassing, abusive, threatening, or otherwise objectionable content, including but not limited to content that is obscene, offensive, fraudulent, or deceptive, as determined by Textive in its sole discretion;

e) Impersonating any person or entity, or falsely identifying the origin of messages or content sent through the service;

f) Using the service in a way that would expose us or any third party to legal liability, including through the dissemination of content that violates privacy rights, data protection regulations, or telecommunication laws;

g) Violating any applicable “do-not-call” regulations or telemarketing restrictions.

3.0 Payments

3.1 Payment Methods:
A valid credit/debit card is required for automated payments, but payments may also be made via bank transfer, cheque, or other payment methods that may be enabled from time to time. All payments are billed in advance according to the pricing schedule communicated by us.

3.2 Billing and Refunds:
Textive operates on a pay-as-you-use model, with fees based on the type and volume of messages sent, which may vary depending on the messaging channel (SMS, MMS, WhatsApp, or RCS). The applicable rates for each channel will be available on our website or provided by our support team.
All services are billed in advance, and there are no refunds or credits for partial months of service, unused account periods, or early termination. Credits from unused services will automatically roll over into the subsequent billing cycle. Refunds are not guaranteed for non-delivery of messages as Textive is charged based on the volume of messages submitted to Mobile Network Operators (MNOs). Delivery failure may occur if the recipient’s phone number is barred, unavailable, or has “Do Not Disturb” (DND) status activated.

3.3 Refund Policy:
Refunds will only be granted in cases where non-delivery is due to an error on our part. In other scenarios, including failed message delivery due to recipient unavailability or network restrictions, refunds are not provided. Any requests for refunds must be submitted within 30 days of the transaction in question and will be handled in accordance with our Refund Policy.

3.4 Payment Terms:
Payment is due as outlined in the relevant order form or service agreement. You are responsible for paying all fees related to the services ordered, including any applicable taxes, levies, or duties. Failure to make timely payments may result in the suspension or termination of your account.

3.5 Taxes and Additional Charges:
All fees listed are exclusive of taxes, levies, or duties that may be imposed by local, state, or international taxing authorities. You agree to cover all applicable taxes, levies, or charges arising from your use of our services. These taxes are in addition to the service fees and must be paid in full.

3.6 Modifications to Pricing:
Textive reserves the right to change its pricing at any time. Any adjustments to the pricing structure will be communicated in advance through email or a notice on our platform. Continued use of the services after a price change takes effect constitutes acceptance of the new pricing.

4.0 Intellectual Property

4.1 Your Content Ownership:
We do not claim any ownership rights over the content that you submit, create, or manage using your Textive account. Any content that belongs to you remains yours, and these Terms of Service do not grant us any rights or licenses to your content beyond the limited permissions necessary to provide our service.

4.2 Data and Reporting:
Similarly, any data collected from your use of our services, including reports and analytics, remains your property. By using our services, you agree that we may use this data solely for the purpose of providing and improving our services. Additionally, you agree that we may anonymize and aggregate this data, ensuring it does not identify you, your products, or service and combine it with other users’ anonymized data to generate benchmarking insights, public reports, or to further enhance our services.
We will always handle your data in compliance with applicable data protection laws, including the provisions of the Nigerian Data Protection Act, European Union and United Kingdom General Data Protection Regulations, and other specific region’s regulations based on the jurisdiction of operation per time. Ensuring the security, privacy, and lawful use of your data.

4.3 Use of Your Marks:
Subject to clause 4.1, Textive may display your trade name, logo, or trademarks (“Marks”) on our website or promotional materials solely for the purpose of showcasing the services provided under this agreement. If you wish to opt out of this, you can notify us in writing, and we will promptly remove your Marks from our promotional materials.

4.4 Textive Intellectual Property:
All content within our platform, including but not limited to software, design elements, user interfaces, and logos, is copyrighted and protected under applicable intellectual property laws. Textive’s logo and associated trademarks are the exclusive property of Textive Technologies Limited and may not be used without our express written permission. You are not permitted to duplicate, copy, modify, or reuse any portion of our platform’s HTML, CSS, or design elements without prior written approval.
By using our services, you do not acquire any ownership rights over our intellectual property, and your use of the Textive service remains subject to these ownership rights.

5.0 Data Handling and Privacy

5.1 Data Collection and Use:
We collect and use only the personal information necessary to provide and support our services, which includes registration details, payment information, and message communication logs (such as timestamps, sender/receiver IDs, and message delivery status). This information enables us to maintain your account, process payments, and ensure the effective operation of our messaging services.

5.2 Message Transmission and Storage:
Textive does not store the content of messages sent through our platform. Whether you are sending SMS, MMS, WhatsApp, or RCS messages, the content is securely transmitted and discarded once delivery to the recipient is completed. We only retain metadata related to message transmission (such as timestamps and delivery status) for the purposes of billing, troubleshooting, and ensuring service quality.

5.3 Data Security:
We implement industry-standard security measures to protect the data collected and transmitted via our platform. However, you acknowledge that no method of electronic transmission or data storage is completely secure. By using our services, you accept that there is some inherent risk in the transmission of data and agree that Textive cannot guarantee the absolute security of your personal information or communication data.

5.4 Customer Data:
We store only the essential data necessary for managing your account and processing payments, including your contact details and payment information. All data storage and processing are carried out in compliance with our privacy policy and relevant data protection regulations. We take the utmost care to handle your personal information responsibly and lawfully.

5.5 Lawful Disclosure:
We may disclose your information if required by law or if we believe that such disclosure is necessary to protect our rights, comply with a judicial proceeding, or enforce our Terms.

  1. Support and Account Access

In certain situations, Textive employees may need to access your account and associated data to diagnose and resolve technical issues. By reaching out to our support team, you give implicit permission for Textive employees to access your account if needed to provide effective assistance. If you prefer not to grant access while receiving support, please clearly state this in your communication. While we will make every effort to assist you without accessing your account, certain technical issues may require limited access for effective troubleshooting.

  1. Indemnification

You agree to indemnify, defend, and hold Textive, its parent companies, subsidiaries, affiliates, officers, partners, and employees harmless from any claims, demands, liabilities, losses, or damages, including reasonable attorneys’ fees, arising from or related to your use of our services. This includes, but is not limited to, claims resulting from:

  • The use of your account by any third party;
  • Your violation of these Terms of Service;
  • Any infringement by you or any third party using your account on the intellectual property rights, privacy, or other rights of a third party.

This indemnification obligation extends to any legal actions or disputes arising from your use of the service in violation of applicable laws or these terms.

  1. Modifications and Termination of Services
  • Service Modifications: We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without prior notice. This includes changes to features, pricing, or operational procedures. Textive will not be liable to you or any third party for modifications, suspensions, or discontinuations of services.
  • Termination by You: You may terminate your account at any time by contacting our support team or following the termination guidelines. Upon termination, you are still responsible for any unpaid fees or charges accrued before the termination date. Any remaining credits or prepaid balances are non-refundable unless specified in our Refund Policy.
  • Termination by Us: We reserve the right to suspend or terminate your account if you violate these Terms of Service or engage in activities that, in our sole discretion, may harm our platform, services, or reputation. Upon termination by Textive, any outstanding fees owed by you will remain due and payable.
  1. Changes to These Terms

We may update these Terms of Service periodically. Any changes will be posted on our website, and we will notify you via email or a prominent notice on our platform. It is your responsibility to review these Terms periodically. By continuing to use our services after changes are made, you agree to be bound by the updated Terms.

  1. Disclaimer

Textive services and content are provided “as is” and “as available,” without any warranties, either express or implied. Textive does not control third-party content transmitted through the service and makes no guarantees about the accuracy, reliability, or completeness of information provided through the service.

Textive specifically disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We do not guarantee uninterrupted service, timeliness, or error-free operation. No oral or written advice from Textive or its affiliates will create any warranty beyond what is expressly stated in these terms.

  1. Limitation of Liability
  • General Limitation: Except for breaches of confidentiality or intellectual property violations, Textive will not be liable for indirect, incidental, special, exemplary, or consequential damages, including lost profits, data loss, or business interruptions, even if we have been advised of such damages. You acknowledge that Textive’s maximum liability to you will not exceed the total amount you have paid to us in the 180 days immediately preceding the claim.
  • Scope of Liability: To the extent permitted by law, these limitations apply to any damages arising from your use of or inability to use our services under any legal theory, including breach of contract, warranty, or tort (including negligence).
  • Prevailing Terms: In the event of any conflict between this section and our Service Level Agreement (SLA) or postpaid agreements, the provisions in this Limitation of Liability section will prevail.
  1. Violation of These Terms of Service

We reserve the right to investigate and take appropriate legal action against any violations of these Terms of Service to the fullest extent permitted by law. This may include cooperating with law enforcement authorities. While we are not obligated to monitor your use of the service, we reserve the right to do so at our discretion. We may remove or delete data, accounts, or content that violates these Terms or that we find harmful to our platform’s integrity.

  1. Governing Law and Dispute Resolution

These Terms of Service, and any disputes arising out of or related to them, will be governed by the laws of the Federal Republic of Nigeria, without reference to conflict of law provisions. You consent to the exclusive jurisdiction of the courts in Lagos State for any legal action or dispute arising from these Terms.

  1. Miscellaneous
  • Severability: If any provision of these Terms is deemed unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full effect. Waivers of any provision will only be valid if made in writing and signed by an authorized Textive representative.
  • Equitable Relief: Both parties may seek injunctive or other equitable relief in case of any breach or anticipated breach of these Terms of Service.
  • Jurisdictional Restrictions: The service is not intended for distribution in jurisdictions where it would violate local laws or regulations.
  • Compliance with Local Laws: If you access the Textive service from outside our primary operating region, you are responsible for complying with applicable local laws.
  • Complaints: Any complaints can be directed to our customer support at support@textive.io.
  • Entire Agreement: These Terms of Service (including our Privacy Policy) represent the complete agreement between you and Textive, superseding any prior agreements. Section headings are for convenience and hold no legal significance.
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