This Agreement is between Guardian United LLC, a Washington limited liability company doing business as My Text Hub ("MyTextHub," "we," "us" or "our"), and the business that signs up for the Service ("you," "your" or "Merchant").
Please read section 7 carefully. It sets out your responsibilities for obtaining consent before you text anyone. Those obligations are yours, and they are the most important part of this Agreement.
Contents
MyTextHub provides a text message marketing and digital loyalty platform for restaurants, gyms, salons and other local businesses. Depending on the plan you choose, the Service may include a dedicated texting number, SMS and MMS campaigns, a digital loyalty program, automated birthday and anniversary messages, QR code and web sign-up forms, keyword sign-up, a customer-facing mobile web app, reporting, and an in-store sign-up kiosk.
We deliver the Service using our own systems together with third-party platform, messaging and carrier providers. We may change those providers, and we may add, modify or discontinue individual features, so long as we do not materially reduce the overall functionality of the plan you are paying for.
We are not a telecommunications carrier and we do not guarantee that any particular message will be delivered. Delivery depends on carrier networks, handset settings and filtering decisions outside our control.
You accept this Agreement when you do any of the following: check the box accepting it during sign-up, sign it electronically or on paper, pay for the Service, or begin using the Service. If you are accepting on behalf of a business, you represent that you are at least 18 years old and authorized to bind that business.
The version and effective date of this Agreement appear at the top of this page. We keep a dated copy of each version. The version in force when you accepted, together with any version you later accept under section 18, is the one that applies to you.
Messaging is metered in credits, and credits are counted by segment rather than by message.
Text messages you send. A plain text message of up to 160 characters to one subscriber uses 1 credit. Longer messages are split by the mobile carriers into segments of 153 characters each, and every segment to every subscriber uses 1 credit. A 200-character message to 400 subscribers therefore uses 800 credits, not 400.
Emoji and curly quotation marks cost more. Including any character outside the standard text set — an emoji, a curly apostrophe pasted from a word processor, an accented letter — changes the limits to 70 characters for a single segment and 67 characters per segment after that. One emoji can double or triple the cost of a message. Your account shows you the segment count while you are writing, before you send.
Picture messages. A message containing an image or other media uses 3 credits per subscriber. A picture message to 400 subscribers uses 1,200 credits.
Replies from your subscribers also use credits, at the same rates, because the mobile carriers charge for messages in both directions. A reply to one of your texts, or a message a customer sends to your number, is metered the same way as one you send. Opt-out and help replies are the exception: we do not charge you credits when a subscriber texts STOP, UNSUBSCRIBE, HELP or any of the other keywords listed in section 10. You should never have a reason to discourage someone from opting out.
Each plan earns a monthly credit allowance for every location you have. Where you have more than one, those allowances are pooled — see section 3.1:
| Plan | First location | Each additional | Credits included | Overage rate |
|---|---|---|---|---|
| Connect | $125 / mo | $99 / mo | 1,500 | $0.040 / credit |
| Loyalty | $249 / mo | $199 / mo | 3,000 | $0.035 / credit |
| Premium | $375 / mo | $299 / mo | 5,000 | $0.025 / credit |
| Premium Plus | $499 / mo | $399 / mo | 7,500 | $0.020 / credit |
Annual plans are priced at ten months of the corresponding monthly rate, for the first location and for each additional one.
Credits are allocated at the start of each monthly billing period and do not carry over to the following period. Unused credits are not refundable and have no cash value. If you pay annually, credits are still allocated monthly rather than as a single annual pool.
Each location has its own plan and its own dedicated texting number. Monthly credit allowances are pooled across all locations on your account, so a busy location may draw on a quieter one's allowance: four locations on Loyalty have 12,000 credits between them, not 3,000 each that expire unused. Overage under section 4 is assessed against the pooled total for the billing period, not location by location.
Additional locations are discounted at the rates in the table above. The first location is charged at the full rate and every further location at the lower one. The dedicated texting number is not discounted and stays at $10 per month per location, because that is what it costs us.
Kiosks are counted separately from locations. You may buy a kiosk for some locations and not others, and kiosk fees apply only to the kiosks you have.
We price up to twenty locations through the website. Beyond that, please call us so we can quote it properly.
Each location is assigned its own dedicated texting number, which the mobile carriers require before any messages can be sent. The number carries a fee of $10 per month per location, billed with your plan on the same invoice as a separate line.
This fee is charged at the same rate regardless of which plan you are on, and it is not subject to any volume or promotional discount applied to your plan price. It starts when your number is requested and continues while the number is assigned to you.
The number is assigned by a carrier rather than owned by us, so as set out in section 11 it cannot be transferred to another provider or another account.
If you use more credits in a billing period than your plan includes, the additional credits are charged at your plan's overage rate shown in the table in section 3.
You authorize us to charge the payment method you have on file for overage credits you have used, billed together with your next recurring charge and shown as a separate line item on your invoice.
The Service does not stop sending when you reach your allowance. If you would prefer a hard stop at your allowance, tell us and we will set one up for you. If you expect a month of unusually heavy sending, contact us first and we can move you to a larger plan instead, which is almost always cheaper for you than overage.
We do not notify you when you pass your allowance, and your account does not show you a credit balance. There is no warning email, text or dashboard prompt, and no running total for you to check, so please do not wait for one. The credit allowance described in section 3 is how we measure and price your sending under this Agreement; it is not a counter displayed in your account. We identify overage from a sending report we run after the end of each billing period, and bill it as described above.
What your account does show you is the cost of each message before you send it: when you compose a campaign it displays whether the message is SMS or MMS and how many credits it will use, and multiplying that by your recipient count tells you what the send will cost you. That is the figure to look at if you are sending something large.
If you want to know where you stand part-way through a month, ask us. We will pull your sending for the period and tell you. If you are planning something unusually large, tell us before you send it rather than after, and we will either confirm you have room or move you to a plan that does.
All prices are in US dollars and exclude any applicable sales, use or telecommunications taxes, which you are responsible for paying.
Payment is processed by Stripe. We do not receive, store or have access to your full card number or security code. You authorize us to charge your payment method on file for recurring plan fees, overage, one-time items such as a kiosk, and any optional add-on services you have requested.
Month-to-month plans are billed in advance each month on your billing date and renew automatically until cancelled.
Annual plans are billed in full in advance and renew automatically for a further year unless you cancel before the renewal date. Annual plans are priced at ten months for twelve and are non-refundable, in whole or in part, including if you stop using the Service during the term.
If a payment fails we will retry it and let you know. If payment remains outstanding for more than 10 days we may suspend the Service under section 14.
Late payments. Amounts not paid when due accrue a late charge of the greater of 1.5% per month (18% per year) or $5 per month, up to the maximum permitted by applicable law. We may also pass through any fee our payment processor charges us for a returned, failed or disputed payment.
Reactivation. If your account is suspended for non-payment and you want it restored, a $39 reactivation fee applies in addition to the outstanding balance. This covers re-enabling the account and, where it is needed, re-registering your number and campaign with the carriers.
Accounts left suspended. As set out in section 11, if an account stays suspended or cancelled for more than 30 days you may permanently lose your dedicated texting number, your subscriber list and your subscriber history, and we may not be able to restore them at any price. Reactivating within 30 days avoids this.
If we accept a late or partial payment, that does not waive our right to collect the rest of what you owe, including late charges. We may use a collection agency for amounts that remain unpaid after we have asked you for them, and you agree to pay reasonable collection costs we actually incur.
The in-store kiosk is sold, not rented. The price is $399 one time, which includes shipping within the continental United States, and it is payable before the unit ships. The kiosk arrives configured with your branding and your sign-up offer.
Title and risk of loss pass to you on delivery. The kiosk is yours to keep, including if you later cancel the Service, and you do not have to return it. Once the Service ends the kiosk will no longer collect sign-ups.
Because title passes to you, the kiosk purchase is not refundable and we do not accept returns, apart from the defect replacement in section 6.3. If you cancel the Service you keep the hardware rather than sending it back for a credit. Please be sure you want a kiosk before you order one; QR codes and web forms are included in every plan and cost nothing, so you can start without one and add it later.
Each kiosk carries a kiosk service fee of $15 per month, billed with your plan on the same invoice. It covers the kiosk's connection to the Service — wifi or cellular, whichever it needs — its software and configuration updates, and remote support for the device. The fee applies per kiosk, so two kiosks at one location are $30 per month.
The fee starts in the billing period the kiosk ships and continues while the kiosk is in service. If you cancel the Service the fee stops with it, and you keep the hardware. If you have a kiosk you no longer want connected, tell us and we will stop both the fee and the kiosk.
The fee also covers cellular data for the kiosk. If wifi does not reach where the kiosk sits, it connects over cellular instead at no extra charge, and there is nothing to ask for or arrange.
If a kiosk arrives damaged or fails within 30 days of delivery through no fault of yours, contact us and we will repair or replace it at no charge. After 30 days, the only warranty is the manufacturer's warranty for the device, which we will pass through to you. We are not the manufacturer.
You are responsible for the kiosk after delivery, including loss, theft and damage, and for providing power and internet where it sits.
This section is the heart of this Agreement.
You are the sender of every message sent from your account. You decide who to message, what to say and when to send it. We provide the tools; the messaging program is yours. This remains true even where we have helped you build or schedule a campaign, including under the Managed Campaign Service in section 12.
You are also responsible for everyone you give access to. That includes your employees, managers, and any agency, consultant or contractor acting for you. Anything sent from your account is treated as sent by you, whoever pressed send, and your obligations in this section apply to their activity as if it were your own. Keep your login credentials private, give access only to people you are willing to stand behind, and tell us promptly if an account may have been compromised or if someone with access has left your business.
You must obtain and keep proof of prior express written consent from each subscriber before sending them any marketing or promotional message, in the form required by the Telephone Consumer Protection Act and its implementing rules. At a minimum, that means:
You must not upload, import or message any phone number that did not opt in to your messaging program. Purchased lists, scraped numbers, reservation or delivery-platform customer lists, point-of-sale phone numbers collected for another purpose, and numbers carried over from a different business are all prohibited.
You are responsible for complying with all laws, regulations and industry rules that apply to your messaging, including the Telephone Consumer Protection Act, the CAN-SPAM Act where applicable, state telemarketing and automated messaging laws, state and federal consumer protection law, CTIA messaging principles and best practices, the Mobile Marketing Association guidelines, and carrier requirements. Where state law is stricter than federal law, the stricter rule applies to you.
You are responsible for honoring quiet hours and sending frequency limits appropriate to your subscribers' time zones.
If you serve alcohol without food, or otherwise promote age-restricted goods, you must tell us at sign-up so we can enable age verification on your sign-up flows before we request your number. You must not knowingly collect a phone number from, or send alcohol-related promotional messages to, anyone under 21.
The Service can ask your customers for a review and can include a link to your public listing on Google, Yelp, Facebook or elsewhere. How that is configured is your choice and is set up at your direction.
You choose between two options at setup, and you can change it at any time by telling us:
You acknowledge that the rating-first option may violate the review policies of Google, Yelp, Facebook and other platforms, which generally prohibit selectively soliciting positive reviews or discouraging negative ones. Those platforms enforce against your business listing, and the possible consequences include removal of your reviews and loss of review features on your profile. Yelp prohibits soliciting reviews at all, whatever the rating.
Compliance with those platform policies is your responsibility. We will configure whichever option you select, and we will tell you what we understand the risk to be, but we do not advise you on it and we do not monitor platform policies on your behalf. Those policies change without notice. If you select rating-first, you do so knowing the above, and section 15 applies to any claim, enforcement action or loss that follows.
We will not enable rating-first unless you have selected it. If you have not made a selection, we default to sending to everyone.
We provide compliance tools, prompts and general guidance as a convenience. We are not a law firm and nothing we provide is legal advice. You are responsible for satisfying yourself that your messaging program is lawful, and you should take your own advice if you are unsure.
You must not use the Service to send messages that relate to or promote any of the following: cannabis, CBD or other controlled substances; prescription drugs that cannot lawfully be sold over the counter; firearms, ammunition, fireworks or weapons; gambling, sweepstakes or lotteries; high-risk financial services, including payday loans, debt relief, debt collection, credit repair and cryptocurrency offers; multi-level marketing or work-from-home schemes; get-rich-quick offers; hate speech, harassment, or sexually explicit or obscene content; phishing, fraud or deceptive claims; or anything else prohibited by carriers or by law.
You must not resell or rebill the Service, provide access to anyone outside your business, attempt to circumvent credit metering, send through the Service on behalf of a third party, or interfere with the operation of the Service or any carrier network.
Carriers maintain their own prohibited-use lists and update them without notice. A message that complies with this Agreement may still be filtered or blocked by a carrier, and repeated violations may result in your number being suspended by the carrier rather than by us.
The Service is built for restaurants, bars, cafes, gyms, salons, car washes and similar local hospitality and retail businesses. Some business categories carry carrier, platform or regulatory requirements we are not set up to support, and we may decline an application, or terminate an existing account under section 14, where your business operates in one of them.
Those categories currently include businesses whose primary trade is: cannabis, CBD, hemp-derived THC or kratom products, including food and drink businesses that sell them; vape, e-cigarette, smoke, hookah or cigar retail and lounges; adult entertainment; firearms, ammunition or fireworks; gambling establishments such as casinos, card rooms and sportsbooks; payday lending, debt relief, debt collection, credit repair or cryptocurrency; multi-level marketing and work-from-home programs; dietary supplements marketed with health claims; any business whose messaging would involve protected health information, including medical, dental and therapeutic practices; political campaigns and advocacy organizations.
This is a question of what we are equipped to support, not a judgment about your business. A licensed bar, brewery, winery or distillery is welcome, subject to the age verification in section 7.4, and a hospitality business that happens to offer pull-tabs, Keno or similar is welcome too, because the business rather than the gaming is what is being promoted.
If we decline your application we will tell you promptly and refund anything you have paid. If we terminate an existing account for this reason, section 14 applies and we will refund prepaid fees covering the period after termination.
US carriers require every business texting number and messaging campaign to be registered and approved before any traffic can be sent. We manage that registration for you, and you agree to give us accurate business information for it, including your legal business name, address, EIN and website. Providing inaccurate information is itself a carrier violation.
Billing begins when your account is set up and continues during the registration and approval period, whether or not you are able to send messages yet. Registration normally takes a few business days but the timeline is set by the carriers, not by us.
Subscribers who reply STOP, STOPALL, QUIT, END, CANCEL, UNSUBSCRIBE or OPTOUT are removed from your list automatically and will not receive further messages. An opt-out takes effect on the first request and is never conditional on the subscriber confirming it. Replies of HELP or INFO receive an automatic response identifying you and telling the subscriber how to reach you and how to opt out.
If a subscriber asks you to stop messaging them by any other route, in person, by phone, by email or on social media, you must remove them promptly. You can do that yourself in your account. An opt-out request is effective however it is made, and a request made outside the Service is something only you will know about.
You must not re-add, re-import or otherwise message a subscriber who has opted out unless they affirmatively opt in again.
Not every opt-out uses a recognized keyword. People write "take me off", "no more texts" or "stop sending this" in their own words, and the automatic removal will not catch those. You are responsible for reviewing replies to your messages and removing anyone who has asked to stop, however they worded it. Replies appear in your account inbox. This is your responsibility whether or not you subscribe to Managed Campaign Service, which does not include monitoring your inbox.
Phone numbers get disconnected and reassigned to other people. A number that opted in two years ago may now belong to somebody who has never heard of you, and messaging them is a problem even though your original consent was valid.
To limit that, you should remove subscribers who have not checked in, replied, redeemed a reward or otherwise engaged for eighteen months. You can do this in your account. It is your responsibility whether or not you subscribe to Managed Campaign Service. Removing inactive subscribers also improves delivery rates, because carriers treat messages to dead numbers as a spam signal.
Messages are scheduled to send between 10am and 8pm in the subscriber's local time. Federal law permits 8am to 9pm, and several states are stricter, so we keep a margin on both ends rather than sending at the legal edge. If you need a send outside that window, tell us and we will tell you whether it is permitted where your subscribers are.
You own your subscriber list and your consent records. We hold and process that data on your behalf in order to provide the Service, and we do not sell it, rent it, or use it to market to your subscribers on our own account or on behalf of any other business.
We will not use your subscriber data to target your competitors, and we will not share mobile opt-in data or consent records with third parties for their own marketing or promotional purposes.
You can export your subscriber list from your account at any time while your account is active. You are responsible for handling any exported data lawfully, including keeping the consent records that go with it. We may decline to export data on your behalf where we cannot verify that consent records support it.
If your account is cancelled, or is suspended for non-payment, we retain your data for 30 days so that it can be restored if you come back, after which we may delete it and release your number. Your dedicated texting number, your subscriber list and your subscriber history are not transferable to another provider or another account, because the number is assigned by a carrier and does not belong to us to give away. Export your data before you cancel if you want to keep it.
Our handling of personal information is described in our Privacy Policy, which forms part of this Agreement.
Managed Campaign Service is an optional add-on, available on plans that include the loyalty program. It is $199 per month, plus a one-time $179 Campaign Foundation setup fee.
It is not available on Connect. Connect does not include the loyalty program, and the loyalty program is what records customer visits; without those visit records the win-back campaigns that do most of the work cannot run at all. We would rather move you to a plan that includes loyalty than charge you to manage campaigns your plan cannot send.
Managed Campaign Service is charged per location, and which rate applies depends on what you ask us to build:
| First location | Each additional | |
|---|---|---|
| One set of campaigns shared across all locations | $199 / mo | $49 / mo |
| Different campaigns for each location | $199 / mo | $199 / mo |
The difference is the drafting. If every location sends the same offers, we write them once, so additional locations cost $49 to cover the extra proofs and reporting. If each location wants its own offers and its own messages, that is a separate set of campaigns and a separate proof every month for each one, which is why it is charged at the full rate.
You can move between the two at any time by telling us; the change takes effect from your next monthly charge for this service.
The Foundation fee is waived if you add the service when you sign up. If you add it later, the $179 applies. There is no minimum term either way: Managed Campaign Service can be cancelled monthly under section 13, like any other add-on, and cancelling it does not affect your plan or your texting number.
Managed Campaign Service is billed monthly and separately from your plan. It is charged on its own monthly cycle, starting on the day you add it, whether your plan is billed monthly or annually. The first month is charged in full on that day and is not prorated. You will therefore see two charges from us: one for your plan and one for this service. Cancelling this service stops only that charge.
If you subscribe, we will configure your loyalty program, build your automated campaigns, draft approximately four messages each month and queue them ready to go, then send you a monthly summary of results.
Managed Campaign Service is a build service. We prepare the work; you decide what goes out. Nothing we draft is sent to your subscribers until you have approved it, and the obligations in section 7 and section 10 stay with you throughout. Section 12.2 sets out what this service does not cover.
We will email you a proof of each message showing the content, the audience and the proposed send time. You can approve it, edit it, reschedule it or cancel it. Replying to the proof is enough; we do not need anything formal.
If you do not approve a message, it does not send. There is no deemed, implied or automatic approval, and silence is not approval. If a proposed send date passes without your approval we will hold the message and follow up with you.
Automations are different, and they keep running. The bounce-back, win-back, birthday and anniversary campaigns you approved during your Foundation build run on that approval and do not need approving again each month. They continue until you tell us to change or stop them. If you want any of them altered, tell us and we will rebuild them for your approval.
You remain the sender of record for every message sent from your account under this section, and section 7 applies in full. You are responsible for telling us anything that would make a proposed message inaccurate, unlawful or inappropriate for your business. We do not know what we have not been told.
We may decline to draft, queue or send any message we believe would breach section 7 or section 8.
The monthly fee covers the work, not the sending. We earn it by configuring your program, maintaining your automations, drafting your messages and preparing them for your approval. If you choose not to approve a month's messages, or do not get to them, the work has still been done and the fee still applies. Your automations carry on running in the meantime, so your account does not go quiet.
Managed Campaign Service is the building and scheduling of your campaigns. It is not a monitoring, moderation or compliance service, and it does not shift any of your obligations under section 7 or section 10 to us. In particular, it does not include:
Those remain yours. We will tell you if we happen to notice something, but we do not look, and you should not rely on us to.
Month-to-month plans renew monthly. Annual plans renew annually.
You may cancel at any time by contacting us at info@mytexthub.com or on (509) 361-1990. We will confirm your cancellation in writing.
Cancellation of a month-to-month plan takes effect at the end of the billing period you have already paid for. We do not prorate or refund part-months. Cancellation of an annual plan takes effect at the end of the paid term and, as set out in section 5, annual fees are non-refundable.
Add-on services such as Managed Campaign Service can be cancelled separately and stop at the end of the month you have paid for. The $179 Campaign Foundation fee is not refundable once the setup work has been done, and a waived Foundation fee is not reinstated if you cancel.
A one-time fee of $10 per texting number applies when you cancel. When a plan ends, the mobile carriers do not release your texting number immediately. It stays reserved for 30 days so that you can come back and keep the same number, and we continue to be charged for it throughout that period. The $10 fee covers that, and is charged to the payment method on file at cancellation. If you have more than one location, the fee applies to each texting number on the account.
If you reactivate within those 30 days you keep your original number, and we credit the fee against your first invoice on return. After 30 days the carriers delete the number permanently; it cannot be recovered, and a later signup will be issued a new one.
We may suspend or terminate your access to the Service, with notice where practicable, if you breach this Agreement, if payment is more than 10 days outstanding, if a carrier or regulator requires it, or if your use of the Service creates a credible risk of legal liability or carrier enforcement for us or our providers.
Where the problem is capable of being fixed and poses no immediate risk, we will tell you what is wrong and give you a reasonable opportunity to fix it before suspending. Where a carrier or regulator requires immediate action, or where messaging appears to lack consent, we may suspend first and explain afterwards.
While an account is suspended you keep access to your account and your data, but messages will not send, and your kiosk and sign-up forms will stop collecting new subscribers. Plan fees continue to accrue during a suspension for non-payment. Reactivation is covered by section 5.1.
If we terminate your account for a reason other than your breach, we will refund any prepaid fees covering the period after termination, and we will waive any outstanding late charges.
You agree to defend, indemnify and hold harmless Guardian United LLC, its officers, members, employees, agents and its platform and messaging providers from and against any claim, demand, action, investigation, proceeding, loss, liability, damage, fine, penalty, cost or expense, including reasonable attorneys' fees, arising out of or relating to:
This obligation applies whether the claim is brought against us, against a provider we rely on, or against you with us named alongside. It survives termination of this Agreement.
We will notify you of any claim covered by this section, and you may choose counsel reasonably acceptable to us. You may not settle any claim in a way that imposes an obligation on us, or that admits fault on our part, without our prior written consent. We reserve the right to participate in the defense at our own expense.
We will defend, indemnify and hold you harmless against any third-party claim that the Service as provided by us infringes that party's intellectual property rights, provided you notify us promptly and let us control the defense.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY MESSAGE WILL BE DELIVERED, THAT YOUR NUMBER OR CAMPAIGN WILL BE APPROVED BY CARRIERS, OR THAT THE SERVICE WILL PRODUCE ANY PARTICULAR INCREASE IN CUSTOMERS, VISITS OR REVENUE. ANY RESULTS, STATISTICS OR CASE STUDIES WE SHARE DESCRIBE OTHER BUSINESSES AND ARE NOT A PREDICTION OF YOUR RESULTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE LIABILITY.
THESE LIMITS DO NOT APPLY TO YOUR OBLIGATIONS UNDER SECTION 15, TO YOUR OBLIGATION TO PAY AMOUNTS DUE, OR TO EITHER PARTY'S FRAUD, WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
We may update this Agreement. If a change is materially adverse to you, or increases your recurring charge, we will give you at least 30 days' written notice by email to the address on your account, and we will publish the new version with a new version number and effective date.
If you do not accept the change you may cancel without penalty by notifying us before the effective date, and we will refund any prepaid fees covering the period after cancellation. If you continue using the Service after the effective date, you accept the new version.
Changes required by law, by a regulator or by a carrier may take effect immediately, and we will tell you as soon as we can.
We own the Service, our software, our brand and everything we provide to you other than your own data and content. You get a non-exclusive, non-transferable right to use the Service during your subscription, for your own business only. You must not copy, modify, reverse engineer, resell or create derivative works from the Service.
You own your business name, logo, content and subscriber data. You grant us a limited right to use them as needed to provide the Service, including putting your branding on your kiosk, sign-up pages and messages.
We would like to name you as a customer and describe your results in our marketing. We will not do so without your written permission. You can withdraw that permission at any time and we will stop using it going forward.
Each party will keep the other's non-public business information confidential and use it only for purposes of this Agreement.
This Agreement is governed by the laws of the State of Washington, without regard to its conflict-of-laws rules.
If a dispute arises, the parties will first try to resolve it informally. Either party may start that process by sending a written notice describing the dispute and the outcome it wants, and both parties will then negotiate in good faith for 30 days before starting formal proceedings.
If the dispute is not resolved, it will be brought exclusively in the state or federal courts located in Spokane County, Washington, and both parties consent to the personal jurisdiction of those courts. Either party may still seek injunctive relief in any court where necessary to protect its intellectual property or confidential information.
Nothing in this section prevents either party from bringing a claim in small claims court where it qualifies.
We will send notices to the email address on your account, and that counts as written notice. Keep it current.
Send notices to us by email to info@mytexthub.com, or by mail to:
Guardian United LLC d/b/a My Text Hub
522 W Riverside Ave Ste N
Spokane, WA 99201-0581
Entire agreement. This Agreement, together with the Privacy Policy and the plan details you accepted at sign-up, is the entire agreement between us about the Service, and it replaces any earlier discussions, representations or proposals. Nothing said in a sales conversation varies it.
Order of precedence. Where you are also subject to terms presented by a platform provider we use, this Agreement governs the commercial relationship between you and us, including pricing, billing, credits, overage, cancellation and the kiosk. If there is a conflict on any of those subjects, this Agreement controls.
Assignment. You may not assign this Agreement without our written consent, except to a buyer of your business who agrees in writing to be bound by it. We may assign it to an affiliate or to a buyer of our business, and we will tell you if we do.
Independent parties. We are independent contractors. Nothing here creates a partnership, joint venture, franchise or employment relationship.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including carrier outages, internet failures, natural disasters and acts of government.
Severability and waiver. If any provision is unenforceable, the rest stays in force and that provision is limited to the minimum extent necessary. A failure to enforce any provision is not a waiver of it.
Survival. Sections 11, 15, 16, 17, 19, 20 and 22 survive termination.
Questions. Call or email us before you sign if anything here is unclear. We would much rather explain it now.
