Thank you for using Join By Text. By using Join By Text or signing up for an account, you are agreeing to these Terms of Use, which will result in a legal agreement (the “Agreement”) between you and JA INTERACTIVE, LLC, the provider of the Join By Text service (“Join By Text”, “We” or “Us”).
Join By Text provides a web-based application that enables people to easily sign up for your email list via a text message and lets you download those email addresses or sync them with third party email marketing platforms (the “Service”). The Service is accessed at www.joinbytext.com (the “Website”) where you can pick a custom keyword, create and edit welcome messages, and sync the Service with your email marketing platform or download email list.
ACCOUNT
In order to set up an account and use the Service, you must be at least eighteen (18) years old and able to enter into contracts; complete the account set-up process; agree to these Terms of Use; and provide true, complete, and up-to-date contact and billing information. If you sign up to use Join By Text on behalf of a company or other entity, you must have the authority to enter into these Terms of Use on its behalf.
Join By Text may refuse service, close accounts of any users, and change eligibility requirements at any time
When you sign up to use Join By Text and agree to these Terms of Use, the Agreement between you and Join By Text is formed, beginning the “Term” of our Agreement. The Term will continue for as long as you have a Join By Text account or until you or we terminate our Agreement, whichever happens first.
You or Join By Text may terminate our business relationship at any time and for any reason by cancelling your Join By Text account or giving notice to the other party. We may suspend your use of the Service at any time, with or without cause. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
We may change any our Agreement by posting revised Terms of Use on our Website and/or by notifying you of the new Agreement by sending an email to the last email address you gave us or displaying prominent notice within the Service. Unless you terminate your account within fifteen (15) days, the new Terms of Use will become effective and apply to any continued or new use of the Service. We may change the Website, the Service, or any features of the Service at any time, and we may discontinue the Website, the Service, or any features of the Service at any time.
You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to and any activity occurring in such account. You must immediately notify us of any unauthorized access or use of your account. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
We do not know the inner workings of your organization or the nature of your personal relationships. You will not request access to or information about an account that is not yours, and you must resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we will rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we will require you to resolve the matter through proper channels outside of Join By Text.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login, syncing and download capabilities, to protect the security and privacy of the data associated with the account.
PAYMENT
We have a basic monthly plan that lets you capture up to five hundred (500) emails every month using your keyword for nineteen dollars ($19) per month and a larger monthly plan that lets you capture up to one thousand (1,000) emails every month using your keyword for thirty nine dollars ($39) per month. We also have more expansive plans for larger enterprises. When you sign up for a Monthly Plan, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan. Billing for Monthly Plans may be paused, and you may choose to close your account permanently at any time.
Our charges for Monthly Plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment. If you go over your email number limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next monthly pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
As long as You are a Member with a paid account or otherwise have an outstanding balance with us, you must provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You must replace the information for any expired credit card with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we are authorized to deduct any charges on your account against the new credit card. If we are unable to process your credit card, we will try to contact you by email and cancel your keyword or suspend your account until your payment can be processed.
we will give you a refund for a prepaid month if we stop providing the Service and terminate your account without cause. You will not be entitled to a refund from us under any other circumstances.
RULES
By agreeing to these Terms, you agree not to:
- Send unsolicited marketing messages (i.e. spam) to those that have signed up for your email list using our Service;
- Mislead people as to the identity of the sender of your messages;
- Send communications to your email list that contain unlawful, racist, harassing, libelous, abusive, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material;
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- Interfere with another’s use of the Service; or
- Engage in activity that could create liability for Join By Text.
You must comply with all applicable laws and regulations when using the Service. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If You are subject to regulations (like HIPAA) and you use the Service, then we will not be liable if the Service doesn’t meet those requirements.
LIABILITY
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Service, including any downloads or syncing with email marketing tools. We shall not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we have been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we do not provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but is not limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement.
You agree to indemnify and hold Join By Text harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that are not allowed under these Terms of Use due to a “Limitation of Liability” or other provision.
You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your use of the Service; (b) your violation of any laws or regulations; (c) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms of Service; (d) any misrepresentations made by you; or (e) a breach of any representations or warranties you have made to us.
FINAL TERMS
We maintain all proprietary rights in the Website and the software used to provide the Service. Proprietary rights include, but are not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property.
If you violate these Terms, then we may seek injunctive relief or other equitable relief.
Join By Text is not responsible for the behavior of any third parties or linked websites.
In the event of a security breach that may affect you or your data, we will notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your email list, you must promptly do so.
You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Join By Text will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, natural disasters, and acts of hackers, or third-party Internet service providers.
The laws of the Commonwealth of Pennsylvania shall apply to any dispute related to these Terms of Use or our business dealings. Any dispute related to these Terms of Use shall be decided by the state and federal courts in Allegheny County, Pennsylvania and each party will be subject to the jurisdiction of those courts.
If it turns out that a provision of these Terms of Use is not enforceable, then that provision will be removed or edited as little as required, and the rest of the Agreement will still be valid.
Any notice to you will be effective when we send it to the email or physical address associated with your account. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Eric S. Davis, Elliott & Davis, PC, 425 First Avenue, Pittsburgh, PA 15219, or any addresses as we may later post on the Website.
The Agreement constitutes the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.
If you have any questions about our Terms of Use, feel free to contact us.