Terms of Use and Policies for Subscribers

Textual Subscriber Account User Agreement

Updated On: September 1, 2019

As a Subscriber to the Textual Payment Platform, you agree to the following Privacy Policy and Terms of Use Agreement.

This Agreement covers an outline of text message marketing guidelines, Privacy Policy, and Terms of Use for Subscriber Accounts.  Subscribers are the recipients of text message marketing programs sent by Textual Clients, i.e. any merchant, ecommerce stores, retail stores.

If you have signed up to receive product offers via Text Message, then you are a Textual Subscriber and this Agreement relates to you.

Subscriber Accounts are created when a User provides their mobile phone number to a Client (any merchant, store, ecommerce site and product merchandiser) of the Textual Platform in order to receive promotions of goods and services via text message.  Subscribers may also be known as Customers, especially if they purchase a product via text message that is offered by one of the Textual Clients.

Textual Clients are responsible for following all TCPA and CTIA guidelines that govern Text Message Marketing.

Textual is responsible for regulating the Use of the Platform, and making sure all transactions are securely tokenized.

Text Message Marketing – Subscriber Accounts

Your rights as a text message marketing recipient are as follows:

Written Consent – Checkbox at Opt In announcing program details, including frequency and data rates disclosure.  It is your right to see a clear Call to Action which explains the marketing program you are opting in to receive.  You are required to check the checkbox for opt in acknowledgement.

Opt In Confirmation Message – For recurring programs, Subscribers should receive an Opt In Confirmation.

Frequency – All Subscribers should receive notification about the frequency of messages they should expect to receive.

Disclosures – Standard disclosure for Text message marketing is that Msg&Data Rates May Apply.  Subscribers must receive this.

Honoring Opt Out – Subscribers should receive clear Opt Out instructions in the confirmation notifications.  STOP, END, CANCEL, UNSUBSCRIBE, and QUIT are interpreted that the Subscribers wants to Opt Out.  Client may send one more confirmation text confirming the Opt Out.

All Clients using the Textual Platform have agreed to follow Text Message marketing guidelines.  These guidelines can be found here: https://www.twilio.com/learn/call-and-text-marketing/guide-to-us-sms-compliance

Privacy Policy

This Privacy Policy applies to all personal data that you provide to us and the personal data we hold about you. By providing us with your personal data or by accessing, using or viewing the applicable Website or any of its services, including Textual Powered Pop Up offers on other Merchant’s sites, functions or contents (including transmitting, caching or storing of any such personal data), you have agreed to each and all the terms, conditions, and notices in this Policy.

What personal data is collected?

• Registration Information – When you use any website pop up “Shop by Text” or “Powered by Textual”, or give your mobile phone number to any of our Clients through any Opt In method, we collect your name, email, password, mobile phone number, shipping address and credit cards.
• The Credit Card information is not stored in our system.  Credit Card numbers are tokenized (Secured) and the tokens are used to create transactions for your Textual purchases through Stripe Connect payment platform.  For more information about Stripe’s Payment platform, please visit this link – https://stripe.com/privacy
• Textual Merchants may upload a file of Contacts that have Opted In to their Text Message marketing program.  The data uploaded may include Full Name, Email Address, Passwords, Shipping Address, Previous Website visits, IP Address as well as other personal information.  This personal information will be securely stored and only accessible to the Merchant who has your permission to use it.
• While Visiting Ecommerce sites or other websites Textual may collect information related to your visit including time and date, pages visited, products visited and items left in your Shopping cart.  This information is stored securely on our servers. This data is used to make better, more relevant offers to you.

How is the personal data used?

• All your personal data, such as Email, Password, Shipping Address and Billing information is stored securely in the Amazon Cloud.  All transactions are secured using the highest level of encryption.
• Your Shipping information, Email address and Phone Number are shared with Order Details to the Clients (Clients) that use the Textual Platform to send out Shop by Text product campaigns.
• Your anonymized data may be used to create reports and dashboards and be used to improve our products and services.

Cookies and Tracking Technology?

• Textual uses various Third Party technologies, like Google Analytics, Stripe, and others that may cookie your browser with various data points.  Textual does not have any control over how these cookies function or what information they collect.
• Textual uses proprietary cookies to track your website visits to Client’s Sites that have signed you up for their Text Message Marketing program.  Clients may have access to your website visit history and purchase history. This data will be used to personalize your product offers and provide a more customized user experience based on your preferences.

Disclosure of information?

• Textual does not disclose your personal information, which is collected during your Textual Subscriber Account creation, in any form to any Third Party, other than the Clients (Clients, ecommerce sites and retailers) to which you have Subscribed.
• Textual does not sell personal data to any Third Party.

How do we protect your personal data?

• All Personal Information is secured on Amazon Cloud Servers.
• Credit Cards are stored with Stripe.  Textual uses tokens to process transactions related to your purchases.  To review Stripe’s Policy you can visit this link – https://stripe.com/privacy
• Any Personal Information transmissions between Textual and Textual Clients and Stripe are secured and encrypted.

Textual is not responsible for lost data.

• Textual is not responsible for any data not in our control.  If a 3rd party data provider losses your data or misuses your data, Textual is not responsible.
• If a Textual Client misuses or loses your data, Textual is not responsible.
• Textual will make every reasonable effort to secure and tokenize your personal data.  All data is securely stored on Amazon Cloud Servers and the highest level of data encryption is used to transmit data.

Terms of Use

Subscribers are agreeing to the following conditions by reading this Terms of Use agreement.

Opening and Closing An Account

Opening An Account

To be eligible to receive Product offers from Clients, and make purchases via text message you must complete the full Textual Subscriber Registration process.  There are 4 Steps to completing your Account. Typically you will Enter your Cell Phone, Verify your Phone, Create An Account, Enter Shipping Information, Enter Credit Card information.  The Textual Registration process will guide you through this automatically.

By opening an Account with Textual, you are agreeing to this Terms of Use agreement.  You are also creating a secure Textual Subscriber Account that includes Shop by Text functionality if you complete the full Account Registration process.  You can access your Textual Account by visiting the website – textual.com and Logging In.

For the Shop by Text functionality to work, you must complete all steps of the registration process including entering your Email, Password, Shipping Address and Credit Card Information.

Closing An Account

To close your Textual Subscriber Account you must visit the following website – textual.com and Log In.  You can navigate to My Account.

All of your data will be deleted from the Textual Platform, however Clients that you have ordered from may still have access to your personal information.

Making Purchases by Text Message

By creating a Subscriber Account and completing the full registration process, you are providing Shipping and Payment information to the Textual platform.  This information is used to process your purchases and send the Order details to the Textual Clients, so that they may fulfill your Order. Replying Yes by Text Message to any Product Offer that comes from a Textual Client will charge your payment method, including taxes and any shipping fees.  This charge is automatically applied once you Reply Yes.

You agree that if you reply Yes that you are making a purchase according to the Client’s product price, plus any taxes and shipping charges will be added to the total.  You agree by having a Subscriber Account with full registration that any text message reply that contains the word Yes results in a charge to your credit card.

Any charges to your credit card are not refundable by Textual unless there has been an error in the Textual platform.  Any disputes about a purchase will be handled by the Client.

Disputes, Claims, Refunds, and Disagreements 

Any dispute about a product purchase is at the sole discretion of the Textual Client.  Any dispute about a charge to your credit card is at the sole discretion of the Textual Client unless there has been a Textual system error.  If you believe there is a Textual system error related to a charge on your credit card, you can contact us at support@textual.com.

Product Claims and any Refund are decided by the Textual Client, the merchant you purchased the product from.  Please contact the brand, merchant, or ecommerce store that shipped you the Product that you purchased through the Textual Shop by Text platform. If you have a disagreement with the Textual Client that can not be resolved please contact our support team.  support@textual.com

Payment Method for Making Purchases

The Credit Card used during the Subscriber Account Registration process will be charged automatically by the Textual Shop by Text platform when you reply Yes to any Product offer.

You can create new Payment methods and set them as Default in your Textual Account.  Please go to https://go.textual.com

No Textual Fees on Subscriber Accounts

There are no additional fees charged by Textual to your Subscriber Account.  The credit card charges made by Textual Clients are standard for any purchase you may make.

Restricted Activity

The Textual platform is not to be used for any illegal activity, spamming, phishing, or any type of fraud.  You are not to harass Textual Clients with impolite behaviors.

Credit Card Fraud

Textual is not responsible if your credit card is lost or stolen, and the perpetrator uses the stolen credit card to make purchases via text message.  Likewise If your credit card is stolen from Stripe, or is somehow de-encrypted during a transaction, Textual is not responsible for this loss and any damages that occur.  Please contact us if you believe Textual is responsible for any mishandling of your credit card. support@textual.com

Indemnification and Limitation of Liability

Indemnification

You indemnify Textual for actions related to your Textual Subscriber Account and your use of the Textual services. You agree to defend, indemnify and hold Textual harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the Textual Platform Services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Textual Subscriber Account or access our websites, software, systems.

Limitation of Liability

Textual’s liability is limited with respect to your Textual Subscriber account and your use of the Textual Services. In no event shall Textual be liable for lost products, stolen credit cards (fraudulently used on our platform, or stolen from our platform), or any special, incidental or consequential damages in connection with our websites, software, or systems operated by us, or on our behalf.

Disclaimer of Warranty and Release

No Warranties

Textual does not have any control over the products or services provided by Clients who use the Textual Shop by Text platform, and Textual cannot ensure that a Merchant you are dealing with will actually complete the transaction or is authorized to do so.

Release of Textual

If you have a dispute with any of the Textual Clients, you release Textual from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Textual.com, Inc

520 W Idaho St.
Boise, ID 83702

Email: support@textual.com

Telephone: 208-286-2554