Last updated: January 1, 2026
These Terms of Service ("Terms") govern your access to and use of the TextUp platform, website, and related services (collectively, the "Services") provided by TextUp, Inc. ("TextUp," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.
By creating an account or using the Services, you confirm that you are at least 18 years old, have the legal authority to enter into these Terms, and agree to comply with all applicable laws and regulations. If you are using the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
To use the Services, you must create an account with accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. TextUp is not liable for any loss or damage arising from unauthorized access to your account.
You agree to use the Services only for lawful purposes and in compliance with all applicable laws, including but not limited to:
You must not use the Services to send unsolicited messages (spam), transmit illegal or harmful content, engage in deceptive practices, harass individuals, or send messages to recipients who have not provided proper consent. TextUp reserves the right to suspend or terminate accounts that violate these terms without notice.
You are solely responsible for obtaining and maintaining proper consent from all recipients before sending SMS messages through the platform. This includes obtaining express written consent as required by TCPA, honoring opt-out requests within the timeframes required by law, maintaining records of consent for all contacts, and including required disclosures in your messages. TextUp provides tools to assist with compliance but does not guarantee compliance on your behalf. You are responsible for understanding and following all applicable messaging regulations.
The Services are offered on a subscription basis. By subscribing to a paid plan, you agree to pay all applicable fees as described in your selected plan. Subscription fees are billed monthly or annually, as selected during signup. All fees are non-refundable except as expressly stated in these Terms or required by law. We reserve the right to change our pricing with 30 days' notice. Price changes will take effect at the start of your next billing cycle. If your payment method fails, we may suspend access to the Services until payment is received.
We may offer a free trial period for new accounts. At the end of the trial period, you will need to subscribe to a paid plan to continue using the Services. We reserve the right to modify or discontinue free trial offers at any time. We may limit free trial availability to one trial per person or organization.
You retain all rights to the content you upload, create, and transmit through the Services ("Your Content"). By using the Services, you grant TextUp a limited, non-exclusive license to use, store, and process Your Content as necessary to provide the Services. You are responsible for ensuring you have the rights to use and share all content transmitted through the platform. We do not claim ownership of Your Content.
The Services, including all software, design, text, graphics, and other content provided by TextUp, are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent. The TextUp name, logo, and related marks are trademarks of TextUp, Inc.
If you access the Services through our API, you agree to comply with our API documentation and rate limits. We reserve the right to modify, throttle, or discontinue API access at any time. You may not use the API to build competing products or to access data beyond what is necessary for your intended integration.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEXTUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
You agree to indemnify and hold harmless TextUp, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any applicable law or regulation, including messaging compliance laws.
Either party may terminate these Terms at any time. You may cancel your subscription through your account settings. We may suspend or terminate your access to the Services if you violate these Terms or if required by law. Upon termination, your right to use the Services will immediately cease. We will retain your data for 30 days after termination, after which it will be permanently deleted.
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and sending a notification to your registered email address. Your continued use of the Services after any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from these Terms or the Services will be resolved through binding arbitration in Austin, Texas, except that either party may seek injunctive relief in a court of competent jurisdiction. You agree to waive any right to a jury trial or to participate in a class action.
If you have questions about these Terms, contact us at:
TextUp, Inc.
701 Brazos Street, Suite 500
Austin, TX 78701
Email: legal@textup.io
Phone: +1 (512) 555-0199