Terms of Service

1. About Texta

Texta is a bulk SMS platform operated by Richter10.2 Media Group ("Texta," "we," "us," or "our"). The Service allows businesses and individuals to send text messages to contact lists using a web-based interface. Texta is operated from the State of Florida.

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding contract to use Texta. By using the Service, you represent that you meet these requirements. Texta is intended for business use. You may not use the Service on behalf of a business if you are not authorized to bind that business to these Terms.

3. Account Registration

You must create an account to use Texta. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you suspect unauthorized access, notify us immediately at ops@texta.me.

You may add team members to your account. You are responsible for all actions taken by team members under your account.

4. Free Trial

New accounts receive $5.00 in message credits upon signup at no charge. No credit card is required to start. These credits may be used immediately and never expire. Trial credits have no cash value and are not refundable.

We reserve the right to modify or discontinue the free trial offer at any time without notice. We reserve the right to deny trial access to accounts we believe are being created fraudulently or to circumvent these Terms.

5. Billing, Credits, and Subscription

5.1 Subscription Fee

The Service requires a monthly subscription of $20.00 per account. Subscriptions are billed monthly. Subscription fees are non-refundable except as required by applicable law.

5.2 Message Credits

Sending messages requires prepaid credits in addition to an active subscription. Credits are purchased in increments of $25, $50, $100, or $250. Credits are deducted at the rate of $0.01 per outbound SMS segment and $0.025 per outbound MMS message. The first 500 inbound messages per account per billing month are free. Inbound messages above 500 in a billing month are charged at $0.01 per segment.

5.3 Credits Never Expire

Purchased credits never expire while your account is active. Credits remaining at cancellation are available for 12 months if you resubscribe. Credits are not refunded upon cancellation.

5.4 Auto-Recharge

You may enable auto-recharge to automatically purchase credits when your balance falls below a threshold you set. You authorize us to charge your payment method on file when auto-recharge triggers. You may disable auto-recharge at any time from your billing settings.

5.5 Failed Payments

If a payment fails, we may suspend your account until payment is resolved. We will attempt to notify you at the email address on file. You are responsible for maintaining a valid payment method on your account.

5.6 Cancellation

You may cancel your subscription at any time through your account billing settings. Cancellation takes effect at the end of the current billing period. You will retain access to the Service through that date.

6. Acceptable Use

By using Texta, you agree that you will not use the Service to:

• Send unsolicited commercial messages to any person who has not explicitly consented to receive messages from you
• Send messages to purchased, rented, borrowed, or scraped contact lists
• Harass, threaten, abuse, or harm any individual
• Send content that is false, misleading, deceptive, or fraudulent
• Violate any applicable federal, state, or local law or regulation
• Violate any third-party right, including intellectual property or privacy rights
• Impersonate any person, business, or entity
• Send content that is defamatory, obscene, or sexually explicit
• Distribute malware, phishing links, or other harmful content
• Send messages to any person who has previously opted out of your messages
• Resell or sublicense access to the Service without our prior written consent

We reserve the right to suspend or terminate any account we determine is violating these Terms or being used in a manner that harms Texta, our carrier relationships, or third parties. We may act without prior notice when immediate action is necessary.

7. TCPA Compliance and Messaging Laws

Applicable laws include, but are not limited to:

• The Telephone Consumer Protection Act (TCPA), 47 U.S.C. Section 227
• The CAN-SPAM Act of 2003
• The Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310
• The Florida Telephone Solicitation Act (FTSA)
• All other applicable state telemarketing, privacy, and consumer protection laws
• Carrier guidelines and CTIA Messaging Principles and Best Practices

TCPA violations can result in statutory damages of $500 to $1,500 per individual message sent. Class action lawsuits under the TCPA are common. Texta will not defend, indemnify, or reimburse you for any regulatory fines, penalties, settlements, legal fees, or judgments arising from your messaging practices.

8. Opt-In Responsibility

Before sending any marketing or promotional message using Texta, you must have obtained prior express written consent from each recipient. Your obligations include:

• Obtaining clear, documented consent from every contact before adding them to your list
• Maintaining complete and accurate records of how and when consent was obtained for every contact
• Honoring all opt-out requests immediately and permanently — never messaging a contact who has replied STOP
• Including required opt-out instructions in all applicable messages
• Clearly identifying yourself as the sender in every message
• Never uploading or importing a contact list you did not personally collect with proper consent
• Never purchasing, renting, or borrowing contact lists from any third party
• Ensuring contacts have consented to receive messages from you specifically, not just from a third party

Texta automatically processes STOP replies and marks contacts as opted out in your account. You must never re-add, re-import, or message a contact who has opted out. Doing so may violate federal law and will result in immediate account termination.

If you are unsure whether your contact list was lawfully obtained, do not use it. Contact an attorney familiar with the TCPA before sending.

9. 10DLC Registration

Sending commercial text messages in the United States at scale requires registration with The Campaign Registry (TCR) under the 10-Digit Long Code (10DLC) framework. Texta will assist you with completing your 10DLC brand and campaign registration. You must provide accurate, complete, and truthful information for your registration.

Providing false or misleading information in your 10DLC registration may result in immediate account suspension and may constitute fraud subject to civil and criminal penalties.

Texta is not responsible for carrier filtering, message delivery failures, or throughput limitations caused by 10DLC registration status or carrier decisions. Approved 10DLC registration does not guarantee message delivery.

10. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference.

You retain ownership of all contact data and message content you upload or create using the Service. By using the Service, you grant Texta a limited, non-exclusive license to store, process, and transmit that data solely for the purpose of providing the Service to you.

You are responsible for ensuring that your collection, storage, and use of contact data complies with all applicable privacy laws, including the California Consumer Privacy Act (CCPA) and any other applicable state or federal privacy law. You represent that you have the legal right to upload and use the contact data you provide to Texta.

11. Intellectual Property

Texta, its logos, software, interface design, and all related content are owned by Richter10.2 Media Group and are protected by United States and international intellectual property laws. You may not copy, modify, reverse engineer, or distribute any part of the Service without our prior written consent.

We do not claim ownership of any message content, contact data, or other materials you create or upload using the Service.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TEXTA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MESSAGES TRANSMITTED THROUGH THE SERVICE WILL BE DELIVERED TO, RECEIVED BY, OR READ BY INTENDED RECIPIENTS. SMS DELIVERY IS SUBJECT TO CARRIER BEHAVIOR, NETWORK CONDITIONS, AND REGULATORY FACTORS OUTSIDE OUR CONTROL.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TEXTA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION.

IN NO EVENT SHALL TEXTA'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO TEXTA IN THE THREE CALENDAR MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

14. Indemnification

You agree to indemnify, defend, and hold harmless Texta and Richter10.2 Media Group from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of any provision of these Terms
• Your violation of any applicable law, including the TCPA
• Any messages you send or cause to be sent using the Service
• Your contact data, including any claim that your use of that data violates a third-party right or applicable law
• Any claim by a recipient or third party arising from messages you sent

15. Suspension and Termination

We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, if your account poses a risk to the integrity of the Service or our carrier relationships, or if required by law or a regulatory authority.

You may close your account at any time by canceling your subscription and contacting us at ops@texta.me to request deletion of your account data.

16. Modifications

We may update these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this document and may notify you by email. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms.

17. Disputes and Governing Law

Before filing any formal legal claim, you agree to contact us at ops@texta.me and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

These Terms and any dispute arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree that any legal action shall be brought exclusively in the state or federal courts located in Florida.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

For questions about these Terms, contact us at ops@texta.me.