You Agree to:
- Pay applicable subscription
fee (“Messaging Fees”) in accordance with your selected pricing plan.
- Pay the Messaging Fees charged to and deducted from your Account for access to scheduling and sending sms and/or phone notification messages using our messaging system.
- Be the only authorized user
of the TML Account. By using, or allowing another person to use, your
TML Account, you agree to pay the Messaging Fees associated with such
- Use your TML Account solely
in accordance with the terms of this Agreement and instructions provided
to you upon receipt of your TML Account.
- Obey all applicable laws and
regulations and use the best moral judgment in regards to sending text
and/or phone notifications to others including but not limited to
advertisements and all types of information and/or language.
- Review your online statement
and notify Customer Service immediately of any questions regarding
- Report to Customer Service or
update your online profile with any changes to your name, email address,
mailing address, telephone number, and any applicable credit card
information, including, without limitation the applicable credit card
number, expiration date and billing address when that new information is
first known. (See contact information below). You remain liable
for all Messaging Fees billed to your account until you have notified
Customer Service of any changes in your TML Account or until you have
cancelled your account.
TextMeLater.com Pricing Plans & Messaging Fees will be charged to your credit card and deducted from your Account in accordance with the messaging plan selected. Depending on the messaging plan type offered, you may be charged a recurring monthly subscription fee, or a per-message price will be deducted from your account in accordance with the plan selected.
The free trial account is only good for a set number of messages. At the end of the trial
you may sign up to a standard messaging plan.
Monthly Subscription Fees:
Your Account will be charged the
first month’s subscription in amounts established in the specific messaging
plan you selected. In addition, you authorize TML to charge your credit card
in the amount specified in the monthly subscription charge plan at the end of
every billing period (every 30 days).
In the event that the balance on your TML account is past due or your monthly subscription rate
cannot be charged because payment on your credit card is declined, or in the
event of any other failure by you to maintain the required balance or
properly maintain your Account, TML may suspend or close your Account and, in the case
of any negative account balance, institute collection proceedings in order to
collect any unpaid balance and, at TextMeLater.com’s sole
option, all fees, costs or other expenses (including, without limitation,
reasonable attorney fees) incurred by TML in connection with its collection
You agree that your TML messaging
usage may be used by TML to analyze averages, trends, and other anonymous
patterns of usage, as per TextMeLater.com’s Privacy
Policy available at: https://www.textmelater.com/privacypolicy
Termination: Either Party may terminate this Agreement at any time
and for any reason. TextMeLater.com will refund your remaining balance within
thirty (30) days of receipt of your cancellation request. Upon
notification of your intent to terminate your account, TextMeLater.com will
disable your TML account from access to the website’s services.
Following any termination, you remain responsible for payments owed under
this Agreement. If your Account balance is insufficient to cover outstanding
charges, you will remain liable for all such amounts. If such unpaid charges
are not promptly remitted, you may become liable for additional service
charges, fines, or penalties and you may be subject to collection actions for
any unpaid balance.
TML reserves the right to change the terms of this
Agreement at any time by providing written notice to you, which, for these
purposes, shall include an email sent to the email address you have on file
with TML. You will be deemed to have received such notice ten (10) days after
that notice is sent. You agree to all changes when you use your TML Account
after that date.
YOUR USE OF THE TEXTMELATER.COM SERVICES IS AT YOUR SOLE
RISK. TML EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TML
MAKES NO WARRANTY THAT (i) THE TML SERVICES WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE TML
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Indemnity: You agree to indemnify, protect, and hold harmless TML
and its directors, officers, employees, agents and distributors, and Hosts,
and their respective directors, officers, employees and agents (collectively,
the “Indemnities”) from all liability for any loss, damage or injury to
persons or property arising from or related to your use of the TML Services.
Limitation of TML’s Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TML SHALL NOT BE
LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TML HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH
THE USE OR PERFORMANCE OF THE TML SERVICES.
To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnities from all loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of TextMeLater.com or its
Services. You agree that none of the Indemnities will incur any obligation or
liability for any such loss, damage or injury to the maximum extent allowable
by law. Your sole and exclusive remedy against Indemnities will be a refund
of charges for the service for the month in question.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE DISCLAIMER, LIMITATIONS AND RELEASE MAY NOT APPLY TO YOU.
Governing Law: This Agreement shall be interpreted in accordance with
the laws of the State of California. If any term of this Agreement is found
to be invalid, such invalidity shall not affect the validity of the remaining
Communications: Please address all inquiries and notices to Customer