Revised: September 1, 2025

These Terms of Service, along with the policies referenced herein and such additional terms and policies as may be incorporated at the point of downloading our application (collectively, the “Agreement”), govern the customer’s (“Customer,” you/your) use of the services you order or obtain from textPlus, Inc. and/or its affiliates (“textPlus,” we/us/our). READ THIS AGREEMENT CAREFULLY, IN ITS ENTIRETY, BEFORE USING ANY textPlus SERVICE.

YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. FURTHERMORE, IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO: (1) REGISTER THE COMPANY OR OTHER LEGAL ENTITY THAT YOU REPRESENT, INCLUDING ANY AUTHORIZED AGENT/ EMPLOYEE OF SUCH ENTITY, AS USERS OF THE COMPANY SERVICE; AND (2) BIND THE COMPANY OR OTHER LEGAL ENTITY THAT YOU REPRESENT, INCLUDING ANY AUTHORIZED AGENT/ EMPLOYEE OF SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. HEREINAFTER, YOU, THE COMPANY OR OTHER LEGAL ENTITY THAT YOU REPRESENT, INCLUDING ANY AUTHORIZED AGENT/ EMPLOYEE OF SUCH ENTITY THAT WILL BE AUTHORIZED USERS OF THE COMPANY SERVICE WILL BE REFERRED TO AS “CUSTOMER”. IF YOU DO NOT HAVE SUCH AUTHORITY, ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT, OR DO NOT WISH TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT, DO NOT USE, OR PERMIT ANYONE ELSE TO USE, OUR SERVICES. CUSTOMER’S USE OF THE COMPANY SERVICE WILL CONSTITUTE CUSTOMER’S ASSENT TO THIS AGREEMENT (OR RATIFICATION OF PREVIOUS ASSENT).

THIS AGREEMENT CONTAINS WAIVERS OF THE RIGHT TO A JURY TRIAL AND OF PARTICIPATION IN CLASS ACTIONS.

If Customer is obtaining voice services from us, Customer represents and warrants that it has read and understood, and agrees to, the Emergency Services (911) Disclosure Notice (the “911 Notice”) as posted at https://textplus.com/911-disclosures and updated from time to time, which is incorporated herein and made a part hereof.

SERVICES

General. We offer downloadable software applications (“Apps”) for mobile devices that allows customers to send and receive text messages, both on a one-to-one basis and in groups, and that also allows for certain calling services (collectively, “Services”). Apps are currently available under the names “textPlus,” “text+,” “Nextplus” and “next+”, and may use additional or different brands or trade names from time to time at our sole discretion.

Eligibility. You must be at least 13 years old to use any textPlus Service, or if you live in the Province of Quebec, 14 years of age or older, or if you live in the State of California, 16 years of age or older. If you do not meet the foregoing age eligibility requirements, do not use any textPlus Service. If you are under 18 years old, your parent or legal guardian must also read and agree to be bound by this Agreement. Ratings provided in Apple’s App Store, Google Play, or any future point of download of our Apps reflect content guidelines and do not alter the minimum age requirements to form a binding agreement to use the Services.

Service Options. Our Services are available in free, paid and paid premium versions. The premium version will be charged on a subscription basis, at the rates set forth in the Apple App Store and Google Play store, as modified from time to time, or at such other locations as we may make them available from time to time. You will be required to select the version you wish to receive at the time of downloading the App.

Voice Services. Our App includes the ability to make or receive voice calls to or from other App users using the Customer’s textPlus phone numbers for free (“In-App Calls”). Additionally, you may elect to enable the App to (i) make voice calls to non-App users on traditional phones and/or (ii) receive voice calls from non-App users on traditional phones “Out-of-Network Calls”) for a fee. Out-of-Network Call plans are available at per minute rates (“Standard Out-of-Network”) or under a premium subscription for unlimited calling (“Premium Out-of-Network”). Such plans may include certain territories, as determined by us from time to time, or may exclude or include increased rates for certain routes.

Account Set Up. Upon downloading the App, you will be required to enter certain information, either in-App, as directed, to establish your account for Services (the “Account”). Your Account profile will require certain personal (such as name, email address) and give you the option of including additional personal information. You can delete or modify the optional personal information provided at any time via the “My Profile” feature in your Account. All information entered in your Account will be maintained in accordance with our Privacy Policy, available at https://textplus.com/textplus-privacy-policy/. You represent and warrant to textPlus that: (i) all required registration information you submit is truthful, current, accurate and complete and (ii) you will maintain the accuracy and completeness of such information by providing updates to us as needed. You agree that we may use and rely on any such information provided by you for all purposes in connection with your use of the Services.

Modifications to Services. We may modify, upgrade, replace or discontinue any Service at any time, in our sole and absolute discretion. In the event that we discontinue a Service, we will use commercially reasonable efforts to notify you at least thirty (30) days in advance of such discontinuance. Under no circumstances will we be liable to you or to any third party due to any modification, upgrade, replacement or discontinuance of any Service.

Voice Service Limitations. textPlus does not feature all of the services of, and is not a replacement for, a wired or wireless phone. Please see https://textplus.com/911-disclosures for special terms regarding the making of Emergency 911 calls in Canada and the United States using our apps.

Data Retention. We do not agree to maintain any stored message content, including images, photos, and audio and video recordings connected to your Service for any minimum period of time. Without limiting the foregoing, all Customer or third-party content is deleted from our servers after twenty-four (24) months, and generally no longer than within thirty-six (36) months, following its creation. We will not be liable to you for the deletion of any such materials.

PAYMENT

Trial Periods. We may, in our sole and absolute discretion, offer free trials of or introductory rates for our premium Service subscriptions (“Trials”). Any such Trials will be subject to the terms set forth at the point of downloading the App, and shall continue for no more than thirty (30) days from the date of downloading the App. Unless otherwise expressly set forth in the terms for such Trial, unless the subscription is cancelled in your Account on or before the thirtieth day, you will be charged in accordance with the terms applicable to your subscription.

Subscription Fees. The fees payable for textPlus premium messaging and/or Premium Out-of-Network (“Subscription Fees”) calling will be set forth in the App at the time of downloading, and may be modified therein from time to time. Unless otherwise set for the in the plan terms set forth in the App, you will be billed monthly in advance for all subscription fees, plus any applicable taxes, levies, surcharges or other governmental or regulatory fees (collectively, “Taxes”) associated with the Service. Unless otherwise stated in the plan terms provided in the App at the time of your subscription, changes to Subscription Fees will be posted in the App at least thirty (30) days prior to any increase. If you fail to cancel prior to the effective date of the Subscription Fee increase, you will be deemed to have accepted the new Subscription Fees.

Non-Subscription Calling Charges. The fee payable for making a Standard Out-of-Network Call to a traditional phone (mobile or landline) is a per-minute rate based on the destination country of your Out-of-Network Call. The fee payable for receiving an Out-of-Network Call (regardless of its country of origin) is the per-minute rate payable for making a domestic local Out-of-Network Call. Our rates are updated in the App from time to time. All rates are exclusive of Taxes.

The duration of an Out-of-Network Call is based on one-minute increments, and fractions of minutes will be rounded up to the next minute. Out-of-Network Calls are generally made by purchasing or earning and using “textPlus Credits.” You may purchase textPlus Credits various denominations generally in $1, $5, $10 & $20 packages in advance via your Account, and the textPlus Credits so purchased will be charged to Apple App Store or Google Play account. The charges for the Standard Out-of-Network Calls you place, which will include Taxes thereon unless otherwise stated, will be deducted from your textPlus Credits. textPlus Credits are non-refundable and are not redeemable for any sum of money; provided that Google Play or the Apple App Store, as applicable, may provide for refunds for purchases under or in connection with the App in certain circumstances. The circumstances in which such refunds may be available and the procedures that you must follow in requesting any such refunds are set forth in Google Play’s and the Apple App Store’s respective terms of use. We reserve the right to expire textPlus Credits if you do not use our Services to make or receive a Standard Out-of-Network Call for 180 consecutive days.

We may change our rates for Standard Out-of-Network Calls at any time without notice to you by posting the new rates in the App, or at such locations on our website as we may designate from time to time. You are responsible for checking our latest rates before making a Standard Out-of-Network Call. If a destination previously included in an unlimited calling bundle exceeds the cost‑per‑minute threshold we set for that plan or otherwise becomes infeasible or burdensome for us to offer in a calling bundle, we reserve the right, in our sole and absolute discretion, to withdraw that destination from the bundle. We may, but shall not be obligated to, continue to make the destination available on a pay‑per‑minute basis using textPlus Credits, in which event we will indicate the change in‑App prior to the call.

Third Party Charges. You are responsible for all device connection charges incurred by you when you use textPlus. If you use textPlus on a cellular network (rather than via Wi-Fi), standard data rates may apply, according to your wireless plan. And if you’re traveling outside of your home country, please check with your wireless carrier before using textPlus on a foreign cellular network (rather than via Wi-Fi), as international data roaming may apply and can get expensive very quickly.

LICENSE OF SERVICE; INTELLECTUAL PROPERTY

License. Upon your establishing your Account, and in consideration of your payment of all applicable charges and compliance with the other terms hereof, textPlus grants to you a limited, non-exclusive, non-transferable, non-sublicensable license, during the term of this Agreement, to use the App and Services for the purposes of engaging in non-commercial text and voice communications. Upon the termination of this Agreement or cancellation of your Services for any reason, this limited license will automatically terminate and you will have no further right to use the App or the Services.

Ownership. The App, the Services and all intellectual property rights therein are and remain the property of textPlus or its licensors and, except for the limited license granted above, Customer does not obtain any right or interest in the App, the Services or any other intellectual property of textPlus or its licensors. Without limiting the generality of the foregoing, the content of textPlus, other than Submissions (as hereinafter defined) by users, including all software, text, visual, and audio content ("Content") and our trademarks and logos ("Marks"), are owned by or licensed to us and protected under U.S. and international laws.

Usernames, textPlus Phone Numbers and Other IDs. We reserve the right to reclaim any textPlus usernames and other unique IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.

You are solely responsible for the security of your Account information. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. textPlus shall not be liable for any loss or damage arising from your failure to comply with the above requirements.

You may be provided with a textPlus phone number to be used by you in connection with textPlus. textPlus phone numbers are owned by us (or our suppliers) and may be reclaimed by us should your textPlus Account be terminated for any reason, and for phone numbers associated with the free, non-subscription textPlus Service, due to non-activity.

Updates. You understand that our Services are evolving and subject to potential upgrades, updates and modifications. You agree to accept and, if required install, all updates to the App and any Services used on your device. You further acknowledge and agree that you may need to update third-party software and devices from time to time in order to use the App, and you are solely responsible for all costs associated with such updates.

Submissions and Messages. textPlus may allow you to submit material for hosting, display, and distribution to others ("Submissions"), such as posting or sharing photos, profiles, audio and video clips, and other content. If you send us a Submission, you grant us and our affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, and otherwise use and reuse all or part of your Submission (and anything we make using your Submission) through textPlus and the textPlus Platform. We reserve the right to display advertisements in connection with your Submissions, and to use your Submissions to advertise and promote textPlus.

We are not required to host, display, or distribute any Submissions, and we may refuse to accept or transmit Submissions, and may remove them from textPlus at any time. All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person posting the Submission. We shall not have any obligation to monitor or control Submissions and under no circumstances will we be liable for any Submissions. Any use or reliance on any Submission posted via textPlus is at your own risk.

By sending a Submission, you represent and warrant that you own all rights to your Submission or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your Submission. Finally, you promise that your Submission does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Messages that you send using textPlus are subject to our Privacy Policy, as described below.

Feedback. We always welcome and appreciate your feedback and suggestions about textPlus. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand that we may use them without compensation to you, to the fullest extent permitted by applicable law. You hereby grant us a non-exclusive, fully-paid, royalty-free, world-wide, transferable license in any feedback or suggestions that you submit to us.

SUPPORT

If you have questions or need help using textPlus, you may contact us via a link in the App (which requires registration) which will automatically open a “ticket” for your inquiry. You may also email us with your questions or comments at gethelp@textPlus.com. We try to respond to support questions within 24 hours, but make no representation, warranty or commitment with respect to response or resolution times.

By using textPlus, you consent to our communicating with you by text message or other electronic means to your mobile device and that certain information about your usage of textPlus may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly notify us by e-mail at gethelp@textPlus.com, to ensure that your messages are not sent to any person that may acquire your old number.

THIRD PARTY AGREEMENTS, RIGHTS

Copyright.

We respect the intellectual property rights of others. Upon proper notice, we will remove any Submission or other content that violates copyright law. We may also terminate the Accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement in connection with your use of the Service, please send our copyright agent a notification with all of the following information:

● identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

● identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on textPlus;

● information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

● a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

● a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

● your physical or electronic signature.

Please send all of the information described above to our copyright agent by e-mail at copyright@textPlus.com. Please don't send notices or inquiries about anything other than alleged copyright infringement to our designated agent.

Links to Other Websites. textPlus may contain links to other websites (such as in advertisements), or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access such third-party websites or content at your own risk. You should always read the terms of use and privacy policy of a third-party website before using it. We will not be responsible for any damage or loss related to the use of any content, goods or services available on or through any third-party website.

Other End User License Agreements. Certain other end user license agreements and terms of use (such as those published by your wireless carrier and mobile device manufacturer) may also govern your use of textPlus. Nothing in this Agreement is intended to supersede or modify any third party agreement to which you may be a party. Our Terms of Service and incorporated policies will control in the event of a conflict with any such other agreement.

App Store Policies. From time to time, Google Play, the Apple App Store or other points of sale/downloading of our App may require us to adopt, implement or modify policies regarding the use of our Services. Such policies include, but may not be limited to, our Child Safety Standards Policy, available at https://textplus.com/child-safety and as amended from time to time. You are responsible for periodically reviewing our App and website for all then-current policies that may impact your Service, and complying with all applicable policies.

PRIVACY

We respect your privacy. Our Privacy Policy, found at www.textPlus.com/privacy, explains how we collect, use, and disclose information about you, and the privacy we afford your messages. By using textPlus, you agree to abide by our Privacy Policy.

TERMINATION

We reserve the right not to provide any Service to any user, and to terminate any Service at any time, in our discretion.

If you violate any of terms of your Agreement, including any of the policies incorporated herein from time to time, we may, in our sole and absolute discretion, suspend any or all of your Services or terminate your Agreement with us and your Account. Additionally, if you violate any of our payment terms above, we may charge you interest on all past due amounts at the lesser of one and one-half percent (1.5%) per month or the highest rate permitted by applicable law.

You may cancel your Service at any time upon thirty (30) days’ notice to textPlus, via the App or by such other method as we may provide from time to time. You will not receive a refund for any prepaid Subscription Fees, and you will remain liable for all charges up to the effective date of cancellation.

Upon termination or cancellation, you can delete all of the information in your Account, including the information in your Profile, by using the “delete my account” function in the settings from within the App.

FORCE MAJEURE

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

ACCEPTABLE USE POLICY

We want all of our users to take advantage of our industry low calling rates; in fact, we may offer some users unlimited calling plans within certain countries or territories. In order to prevent fraud and abuse of our calling plans, we’re publishing this Reasonable Usage Policy (this “Policy”) to make clear what’s reasonable and allowed and what’s impermissible usage.

Normal, Reasonable Use

Our Services are intended for normal, personal, individual non-commercial use only. Unauthorized or excessive use beyond that normally experienced by a typical individual may result in immediate service termination.

Impermissible Uses

We evaluate customer usage and general calling patterns in comparison to typical levels of permissible usage engaged in by legitimate customers. While not exhaustive, these are the types of uses that would be considered impermissible under our Policy:

● allowing others to access your textPlus account and use your calling plan;

● operating a business or other enterprise, including any telemarketing;

● operating a call center or similar service or engaging in auto-dialing of any kind

● engaging in illegal or fraudulent behavior; and

● reselling your calling plan minutes to others.

Use of Services

You are responsible for your use of our Services and for any use of our Services made using your device or under your account. You agree not to access, copy, or otherwise use textPlus, including our Content and Marks, except as authorized by these Terms of Service or as otherwise authorized in writing by us. If you decide to enter a mobile phone number, country, or other personal information in connection with your use of textPlus, you agree only to enter the mobile phone number associated with your account, your country of residency or origin and other accurate personal information about you. You also agree not to use any of our Services:

● to violate any law or regulation;

● to violate or infringe other people's intellectual property, privacy, or other rights;

● to transmit anything that is illegal, abusive, harassing, racist, hateful, defamatory, or otherwise objectionable in our absolute and sole opinion;

● to transmit images that are sexually explicit, pornographic, obscene, or otherwise objectionable in our absolute and sole opinion;

● in violation of our Community Guidelines at https://textplus.com/safety-security or other policies published on our website or in connection with our Apps;

● to violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and mobile device manufacturer;

● to send unwanted messages, make unwanted calls or transmit unauthorized advertising or commercial communications, such as spam and robocalling;

● to transmit any malicious or unsolicited software;

● to stalk, harass, or harm another individual;

● to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;

● to mislead recipients of any call, text, or other message as to Customer’s identity, including without limitation by creating a false caller ID (e.g., ID spoofing), forging addresses or headers, or fraudulently undertaking other technical measures to misrepresent the origin or identity of the sender or caller;

● to violate any requirements, procedures, policies or regulations of networks connected to textPlus;

· to interfere with or disrupt textPlus or any other users of our Services;

· to attempt to gain unauthorized access to any part of the Services and/or to any service, account, resource, computer system and/or network connected to any of our servers;

· to modify the Service or include or combine the Services or any data derived therefrom with any other service or product of any kind;

· to use the Service in a way intended to avoid incurring fees or exceed any applicable usage limits; or

· to engage in any other unlawful, fraudulent or malicious conduct, or any conduct designed to circumvent any of the foregoing prohibitions.

Other practices may be relevant in determining reasonable usage and we reserve the right to take any abnormal or unusual activity into account in making a determination. We may terminate a user’s Account or suspend his or her subscriptions immediately if we determine that user is using any Service contrary to this Acceptable Use Policy or other policies of textPlus. We also reserve the right to change this Policy at any time, which change will become effective when a revised version of these Terms of Service is posted to our website.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON OUR LIABILITY

Disclaimer of Warranties. WE TRY TO KEEP TEXTPLUS UP, BUG-FREE, AND SAFE, BUT YOU USE TEXTPLUS AT YOUR OWN RISK. TEXTPLUS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO TEXTPLUS (INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH TEXTPLUS, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM TEXTPLUS. WE WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF TEXTPLUS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TEXTPLUS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH TEXTPLUS BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH TEXTPLUS.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH TEXTPLUS OR ANY LINKED WEBSITE. WE WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TEXTPLUS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH TEXTPLUS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF TEXTPLUS.

Applicable Law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, and our parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your Submissions, messages, feedback, or any other content) you or anyone using your account or device submit, post, or transmit using textPlus; (b) the use of textPlus by you or anyone using your Account or device; (c) the violation of this Agreement by you or anyone using your Account or device; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or device. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

CHOICE OF LAW, VENUE

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising from or relating to textPlus or these Terms of Service or this Agreement will be filed only in the state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

WAIVER OF JURY TRIAL

NEITHER PARTY SHALL BE ENTITLED TO NOR SHALL EITHER DEMAND A JURY TRIAL IN THE EVENT OF LITIGATION ARISING FROM THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES THE RIGHT TO TRIAL BY JURY. The parties acknowledge that their waiver of jury trial rights provides the parties with the mutual benefit of uniform interpretation of this Agreement and resolution of any dispute arising therefrom, and acknowledge the receipt and sufficiency of mutual consideration for such benefit.

WAIVER OF CLASS ACTION

Each party agrees that all claims pursued against each other will be on an individual basis. To that end, and to the extent permitted by applicable law, Customer and textPlus hereby waive their right to commence, to become a party to, or to remain a participant in, any group, representative, class, collective, or hybrid class/collective action in any court, arbitration proceeding, or any other forum, against the other.

OTHER PROVISIONS

If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from the remaining terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of that right or provision. Section headings in these Terms of Service are for convenience of reference only and will not affect the interpretation of any provision hereof. Capitalized terms will have the meanings attributed to them in these Terms of Service or the policy or other documentation referenced. Unless context clearly requires otherwise, the singular of any term will include the plural and vice versa, and terms of any gender will include all other genders.

TERMS OF SERVICE CHANGES

From time to time, we may change these Terms of Service and/or any policy referenced herein. If we change these Terms of Service, we will inform you by posting the revised textPlus Terms of Service on the textPlus website. Those changes will go into effect on the Revision Date shown in the revised Terms of Service, unless otherwise indicated. Your continued use of textPlus constitutes your consent to be bound by the revised Terms of Service.