Last updated 8/3/16

Standard terms:

Customer  Any person or party that has signed up to the Textocracy Service via the online web site
Textocracy Textocracy Ltd
Electric Works
Sheffield Digital Campus
Sheffield S1 2BJ
Registered no. 09786865 England and Wales
VAT reg: 228137219

This Service

The Textocracy Service is provided by Textocracy Ltd as the SMS self service capability provided via the www.textocracy.org website. Your use of this service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms and Conditions.

Eligibility

You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms and Conditions. You must also meet the criteria for the charges as described on the payments page of the ww.textocracy.org website on the day that a subscription begins.

Registration and Account Integrity

As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation. If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username and password or other details.

Pricing, Plans and Features

For current pricing and plans please see the pricing information located on our website. We reserve the right to change pricing, plans and the features offered at any time and without notice to you.

Payment and Credit Control

All services are billed monthly in advance.

If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.

Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.

It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active. Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.

Cancellation

You can cancel at any time. No refunds will be given and the service will be available until the end of the currently paid for period. Cancellation must be carried out via website following the current instructions there.

Upgrading or Downgrading Accounts

You may upgrade or downgrade at any point of your subscription

Your charges will remain the same until the end of the current monthly charging period and then will reflect the new pricing.

You will upgrade or downgrade via the self self-service unless you switch to a corporate option and then your new account will be set up by the Textocracy team.

Trial and Offer Periods

Any trial or offer period will be as described in any promotional material and as in force when you start to subscribe.

No promotional offer can be applied once the service has started.Technical Support

Technical Support

Should you experience any problems with your service please email support@textocracy.org.

The support service is available 9-5 Monday to Friday excluding public and bank holidays.

Our service is backed up and in the event of service outages we will endeavour to restore your service as soon as possible. Extra reporting and consultancy can be provided as a chargeable extra.

The service is not transferable between different customers.

Content Ownership

All content provided on the dashboard is available for use by the customer who subscribes to that dashboard. This excludes information about the texting number and any other technical information collected by Textocracy.

Textocracy will not use data collected via SMS for any other purpose than providing data to the customer, apart from using it as example data for the purposes of refining processing, for example NLP Sentiment analysis.

Any data used will remain anonymous.

Copyrighted Material

All materials and services provided by Textocracy remain copyrighted and can only be used where expressly permitted.

Termination

In the event of termination any customer data, dashboard or texting may no longer be available and may not be available should the service be resumed.

Textocracy will terminate any service where the payment schedule is not completed, or where service activity exceed expected or reasonable usage, as determined by us, relative to claimed organisation audience size.

Textocracy will notify accounts in arrears and will terminate accounts if payments are not resumed within five days of notification by email.

Access and Backups

Regular backups will be taken. While Textocracy has backup and recovery processes in place Textocracy cannot guarantee data collected between backups due problems to third party systems.

Limitation of Liability

Textocracy’s liability is limited to no more than one month’s subscription charge of the service has been signed up to.

Indemnity

The Customer shall defend, indemnify and hold harmless Textocracy against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer’s use of the Services and/or Documentation.

Waiver

No waiver is provided for the use of any Textocracy service outside its intended purposes.

Jurisdiction

This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the courts of England and Wales.

Textocracy and the Customer irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).