Effective Date: May 25, 2018; Last updated: May 25, 2018.
The following Terms of Service ("Terms") govern your access to and use of the services and MightyText's websites and applications (the "Services"), and any information, text, multimedia, notifications, SMS and MMS text messages, graphics, or other materials synchronized, uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any information or Content you post to or synchronize via the Services, and for any consequences thereof. The Content you submit, post, or display will get transmitted through multiple technology providers and infrastructure systems. You should not be reliant on the Services for any critical text message or SMS communication. MightyText may need to store Content on its servers to facilitate the transmission of the messages to your devices. Content is not shared with any third party for any reason without your explicit consent. SMS and MMS text messages are routed through your phone and carrier, which may incur messaging charges for you from your carrier or other party. Content stored on your computer, tablet, or phone as a result of installing and configuring MightyText may be visible to anyone who has access to your computer, tablet, or phone.
You may use the Services only if you can form a binding contract with MightyText and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that MightyText provides are always evolving and the form and nature of the Services that MightyText provides may change from time to time without prior notice to you. In addition, MightyText may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
You represent and warrant that you are an individual person at least 13 years of age (or at least 16 years of age in the European Economic Area). If you are under age 13 (or under 16 in the EEA), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Crimea, Cuba, Iran, North Korea, Sudan, and Syria) or if you have been designated a Specially Designated National, Denied Entity, or Denied Person by the U.S. government.
You have complete responsibility for your account including any harm or damage (to us or anyone else) caused by someone using your account without your permission. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not "co-own" accounts on the Service. In the event MightyText determines that you have co-owned accounts, MightyText reserves the right to suspend or terminate the account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. MightyText cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or are otherwise deceptive. Under no circumstances will MightyText be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
MightyText retains the right to charge you an application fee or subscription fee you for ongoing use of the product (with your explicit consent).
MightyText may send you emails or other electronic communication related to the usage of the product, including, but not limited to an introductory email with notification of installation steps, and reminder emails inquiring if you need assistance to configure the product.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
This license is you authorizing us to broker your Content. The Content that you text is yours; you own your content.
MightyText brokers Content originating on your phone as well as content originating on the MightyText browser extensions, desktop applications, and tablet applications. We may store Content in order to properly route it among the Services. (for example, from your Android phone to the MightyText Chrome Extension, Desktop Application, or Web Application) Such additional uses by MightyText, or other companies, organizations or individuals who partner with MightyText, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide or sync, and for any consequences thereof, including the use of your Content by other users. You understand that your Content may be rebroadcasted by other users and if you do not have the right to submit Content for such use, it may subject you to liability. MightyText will not be responsible or liable for any use of your Content by MightyText in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
MightyText gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by MightyText as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MightyText, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of MightyText and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the MightyText name or any of the MightyText trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding MightyText, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of MightyText, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, MightyText's computer systems, or the technical delivery systems of MightyText's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MightyText (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with MightyText; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services or its users.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MightyText of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Fees. Some of our Services are offered for a fee ("Paid Service") — such as MightyText Pro (our premium version), while other Services may be free. By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually), until you cancel, which you can do at any time in the MightyText App.
Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a MightyText Pro annual plan, you will be charged each year.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
Fee Changes. We may change our fees at any time. When applicable, we will give you reasonable advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service in the MightyText app or by contacting us via https://help.mightytext.net
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, MightyText AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. MightyText will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that MightyText has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MightyText or through the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIGHTYTEXT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MIGHTYTEXT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The failure of MightyText to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try getting in touch via https://help.mightytext.net
Small Claims. Either of us can bring a claim in small claims court in (a) Santa Clara, California, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.
Arbitration. If we aren't able to resolve our dispute amicably, you and MightyText agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Furthermore, either of us can ask a court to halt a court proceeding while an arbitration proceeding is ongoing. Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
No Class Actions. We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this "No Class Actions" clause isn't enforceable or valid, then this "Dispute Resolution" section will be null and void, but the rest of the Terms will still apply.
Changes. Notwithstanding the Terms revision reference below, if MightyText changes this "Dispute Resolution" section after the date you last accepted these Terms, you may reject any such change by providing us written notice of such rejection via https://help.mightytext.net or postal delivery to: MightyText Attn: Legal, 3964 Rivermark Plaza Suite #254, Santa Clara CA 95054, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and MightyText in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.
We may revise these Terms from time to time, the most current version will always be at https://mightytext.net/tos. If the revision, in our sole discretion, is material we will notify you via the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.If you have any questions about these Terms, please contact us via https://help.mightytext.net