Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Txtly messaging platform and related websites, APIs, and services (the “Service”), operated by Txtly (“Txtly”, “we”, “us”). By creating an account or using the Service you agree to these Terms.

1. The Service

Txtly lets you send transactional and marketing messages to your own contacts across email, SMS, and WhatsApp, and to manage audiences, templates, broadcasts, and automations. We deliver messages through third-party providers (including Amazon Web Services and the relevant carriers and Meta).

2. Accounts & eligibility

• You must provide accurate information and verify your email address before sending.
• You are responsible for activity under your account and for keeping credentials secure.
• You must be at least 18 and able to form a binding contract.

3. Acceptable use

Your use of the Service must comply with our Acceptable Use Policy, which prohibits spam and unlawful messaging. Breaching it may result in suspension or termination without refund.

4. Your content and recipient data

• You retain ownership of the content you send and the contact data you upload. You grant us a limited licence to process it solely to provide the Service.
• You are solely responsible for having a lawful basis and recipient consent to message every contact, and for honouring opt-outs. You act as the data controller for your contacts; we act as your processor.

5. Fees and billing

• Paid plans and usage-based charges are billed through Stripe on a recurring basis.
• Usage above your plan’s included allowance (e.g. SMS overage) is billed as metered usage. Prices are exclusive of GST and other taxes unless stated.
• Fees are non-refundable except as required by the Australian Consumer Law. You can cancel via the billing portal; cancellation takes effect at the end of the current period.

6. Third-party services

The Service depends on third parties (AWS, Stripe, mobile carriers, and Meta/WhatsApp). Your use is also subject to their policies, including carrier and Meta messaging rules. We are not responsible for their acts or outages.

7. Suspension and termination

We may suspend or terminate your account immediately if you breach these Terms or the Acceptable Use Policy, if your sending threatens deliverability or our providers’ accounts, or as required by law. You may stop using the Service at any time.

8. Intellectual property

The Service, including its software and branding, is owned by Txtly. We grant you a limited, non-exclusive, non-transferable right to use it under these Terms.

9. Disclaimers and limitation of liability

The Service is provided “as is” to the maximum extent permitted by law, and we do not warrant uninterrupted or error-free delivery. Nothing in these Terms excludes rights you have under the Australian Consumer Law that cannot lawfully be excluded. Subject to that, our aggregate liability is limited to the fees you paid in the 12 months before the claim.

10. Indemnity

You will indemnify us against claims arising from your content, your contact data, your breach of these Terms or the Acceptable Use Policy, or your violation of law.

11. Changes

We may update these Terms. We will post the updated version with a new “last updated” date and, for material changes, notify you. Continued use means acceptance.

12. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts.

13. Contact

Questions about these Terms: legal@txtly.com.au.