TextBack — Terms of Service

TERMS OF SERVICE

TextBack — Missed-Call Text-Back Service for Businesses

Effective date: October 23, 2026. These Terms of Service (the "Terms") govern access to and use of the TextBack service. By registering for, accessing, or using TextBack, you agree to these Terms. If you do not agree, do not use the service.

1. THE PARTIES AND ACCEPTANCE

1.1. The service. TextBack (referred to as "TextBack," "we," "us," or "our") is a subscription software service operated at gotextback.com that helps businesses respond to telephone calls they do not answer, as described in Section 3.

1.2. The customer. "Customer," "you," and "your" mean the business or other legal entity that registers for TextBack, and each individual who accesses the service under that business's account, including owners, employees, and other authorized users ("Authorized Users").

1.3. Acceptance. You accept these Terms by completing registration, by clicking or otherwise indicating acceptance where that option is presented, or by accessing or using the service after the Terms are made available to you. The version of these Terms in effect at your registration is recorded on your account, as described in Section 19.3. If you register on behalf of a business, you represent that you are authorized to bind that business to these Terms.

1.4. Business use only. TextBack is offered solely for business and commercial use. It is not offered for personal, family, or household purposes, and it is not offered to medical or dental practices, as further provided in Section 2.3.

2. ELIGIBILITY

2.1. Authority and accuracy. You must be able to form a binding contract on behalf of the business you register, and the information you provide at registration and thereafter must be accurate, current, and complete.

2.2. Lawful use. You may use TextBack only in compliance with applicable federal, state, and local laws and regulations, and with the rules and policies of the telecommunications carriers and providers through which calls and messages are transmitted.

2.3. Excluded businesses. TextBack is not available to medical or dental practices or to any business that would use the service to collect, store, or transmit protected health information. We may decline, block, or terminate a registration that we determine falls within this exclusion. This exclusion exists because health-related communications require safeguards this service is not designed to provide.

3. DESCRIPTION OF THE SERVICE

3.1. Core function. When call forwarding or an equivalent configuration that you control directs an unanswered call to TextBack — including calls that are missed, busy, or received after hours — TextBack sends the caller a text message from your business, opening a two-way conversation that you and your Authorized Users can read and answer from your account. The exact features available to you depend on your configuration and plan.

3.2. Included capabilities. Depending on configuration, the service may include: a shared two-way messaging inbox; automated text-back messages and follow-up messages using templates you approve; caller options to request a booking, a quote, or a callback; appointment-slot offerings based on hours and services you configure; quote follow-ups and review requests sent under rules you set; alerts for urgent messages matching phrases you configure; Spanish-language handling for conversations in Spanish; owner-entered job values and reports based on them; and administrative tools for managing your account, users, and settings.

3.3. Artificial intelligence features. Where configured and available, the service may generate draft replies for your review. Drafts are not sent automatically: a human must approve a draft before it is sent, except for messages sent under templates and automation rules you have approved in advance. Artificial intelligence features depend on third-party model providers and may be unavailable if not configured for your deployment.

3.4. What the service is not. TextBack is a messaging tool, not a telephone answering service staffed by people, not an emergency service, and not legal, tax, or compliance advice. TextBack does not answer live calls, does not guarantee that any call will be captured, and does not guarantee that any message will be delivered, as further provided in Sections 9 and 14.

3.5. Your configuration responsibilities. The service operates through call forwarding and messaging numbers configured for your account. You are responsible for setting up and maintaining call forwarding with your telephone provider, for the accuracy of your business hours, services, templates, and other configuration, and for reviewing automated features you enable.

4. ACCOUNTS AND SECURITY

4.1. Account credentials. You are responsible for maintaining the confidentiality of your account credentials, for all activity that occurs under your account, and for ensuring that only your Authorized Users access it. Notify us promptly at b.bell633@gmail.com if you suspect unauthorized access or a compromise of your credentials.

4.2. Account information. You agree to keep your business and billing information accurate and current, including a payment method that can be charged under Section 6.

4.3. Suspension of access. We may suspend access to an account where we reasonably believe the account has been compromised, is being used in violation of these Terms or applicable law, or presents a security, fraud, or carrier-compliance risk, as further provided in Section 13.

5. SUBSCRIPTIONS, PLANS, AND PRICING

5.1. Subscription model. TextBack is provided on a month-to-month subscription basis per business location, at the monthly price shown to you at signup and in your account. The standard direct subscription price is $49 per month per location, plus any applicable setup fees and add-on charges disclosed at signup or in your account.

5.2. Founding prices. If your signup states a founding price, that price is locked in for your location for as long as your subscription remains continuously active. A founding price does not transfer to new locations, to a new account, or to a subscription that has ended and later restarts, unless we agree otherwise in writing.

5.3. Changes to standard pricing. We may change prices for new signups at any time. Changes to the price of an existing subscription that is not price-locked will be announced at least thirty (30) days before they take effect, and your continued use after the effective date constitutes acceptance. Price-locked founding subscriptions are not affected by standard price changes while the lock remains in effect under Section 5.2.

5.4. Taxes. Prices are exclusive of applicable taxes unless stated otherwise. You are responsible for taxes arising from your purchase and use of the service, excluding taxes based on our net income. We may collect applicable transaction taxes where legally required.

6. FREE TRIAL AND BILLING

6.1. Card required. A valid payment card is collected at signup through our payment processor's secure hosted card capture. Card details are entered on the processor's pages and never pass through or are stored on TextBack's systems; we store only the card brand and last four digits for display and billing administration.

6.2. When the trial starts. Your free trial lasts 7 days, and the trial clock starts only on the day the service first catches a call for your business — that is, the first day it sends a text-back to a caller whose call you did not answer. Merely registering, configuring your account, or switching texting on does not start the trial. Until the first caught call, your trial waits without charge and without expiring.

6.3. Trial-end charge. If you do not cancel before your trial end date, you authorize us and our payment processor to charge your card on file the monthly price recorded at your signup — $49 for standard signups — on the trial end date, and monthly thereafter per location until you cancel. The amount and the trial-end rule are shown to you at signup before you enter your card, and your trial end date and price are shown in your account throughout the trial.

6.4. Cancelling during the trial. If you cancel while your trial is waiting or running, your card is never charged for the subscription, and your access continues until the end of the trial period or, if the trial never started, ends on cancellation.

6.5. Failed trial-end and renewal charges. If a charge fails — for example because a card is declined or has expired — your subscription becomes Past Due, we will notify you, and we will retry the charge one (1), three (3), and five (5) days after the failed date. Every attempt is recorded in your billing history. We may suspend the service while an account remains Past Due, as provided in Section 13, and may cancel a subscription that remains unpaid.

6.6. Renewals and cancellation. Subscriptions renew automatically each month until cancelled. You may cancel at any time in your account settings or by contacting support. Cancellation stops future renewals; it does not retroactively refund amounts already charged, except as required by applicable law or expressly stated in these Terms.

6.7. Refunds. Except where required by applicable law, fees already paid are non-refundable, including for partial months, unused features, or periods when calls were not forwarded to the service. Nothing in this Section eliminates non-waivable statutory rights.

6.8. Price and terms snapshot. The price and trial terms recorded on your account at signup govern your subscription even if prices or trial terms later change for new signups, subject to Section 5.3.

6.9. Billing disputes. Notify us of any good-faith billing dispute promptly and in any event within sixty (60) days of the charge, with reasonable supporting detail, and we will investigate and respond. Undisputed amounts remain payable.

7. TEXT MESSAGING TERMS

7.1. How consent works in this service. TextBack is designed for conversational replies to a caller's own call. When a person calls your business and the call is not answered, the service sends that caller a text message from your business about the inquiry they called about, and the conversation may continue by text. Consent for these messages is given by initiating the phone call. No keyword, web form, or paper opt-in is used for this program.

7.2. Message frequency and charges. Message frequency varies and is conversational. Message and data rates may apply, depending on the recipient's mobile plan.

7.3. Opt-out. A recipient may opt out at any time by replying STOP (or ALTO in Spanish conversations), by using another opt-out word or plain language asking not to be texted, or by telling your business in person, by phone, or by email. Opt-outs are honored immediately and automatically: an opted-out number is blocked from further texts from your business through the service, and that suppression is preserved even if the conversation or the underlying records are later deleted, so the opt-out continues to be honored. Recipients may reply HELP for assistance.

7.4. Follow-ups. If a caller does not reply, the service may send at most one follow-up text under the standard configuration, plus any quote follow-up or review request you have configured within the limits described in Section 3.2. Automated follow-ups, quote follow-ups, review requests, and reminders are sent only within the recipient-local hours and daily limits the service applies, and their wording may not contain offers, discounts, or other promotions (see Section 7.9). You are responsible for the follow-up rules you enable.

7.5. Quiet hours. The service applies quiet-hour safeguards configured for your account. You are responsible for ensuring your messaging complies with legally permitted hours in each recipient's jurisdiction; automated safeguards support that obligation but do not guarantee compliance in every circumstance.

7.6. Carrier registration. Business texting in the United States requires brand and campaign registration with the mobile carriers (A2P 10DLC or the applicable successor programs). Registration is performed through our messaging provider; approval timing and outcomes are controlled by the carriers and are outside our control. Message delivery may be filtered, delayed, or blocked by carriers until registration is approved, and no "live today" or guaranteed-delivery promise is made.

7.7. Your messaging responsibilities. As between you and TextBack, you are the sender of messages sent from your business. You are responsible for: the content of your conversations and templates; having a lawful basis for every message sent from your account; honoring opt-outs and not attempting to circumvent them; and complying with the Telephone Consumer Protection Act, applicable Federal Communications Commission rules, state telemarketing and privacy laws, and carrier policies. A customer's call does not authorize unrelated marketing campaigns, bulk promotional broadcasts, or messages outside the scope described in this Section, and the service must not be used for them.

7.8. Prohibited messaging. You must not use the service to send unlawful, fraudulent, deceptive, threatening, or harassing messages; messages that infringe another's rights; or content prohibited by carrier policies. We may restrict or suspend messaging that we reasonably believe presents a legal, security, carrier-policy, fraud, or consumer-harm risk, with notice where practicable and immediate action where reasonably necessary.

7.9. Your texting-compliance duties. You agree that: (a) you will use the service to text only people who have called or otherwise contacted your business, or who are your customers in connection with their enquiry, job, or booking; (b) you will not use the service with purchased, rented, scraped, or third-party marketing lists, and will not send bulk promotional broadcasts; (c) you will pass on to the service, using the opt-out recording control in the conversation view, every opt-out a customer gives you in person, by phone, by email, or by any other means, and will honor it; (d) your automated message templates will not contain offers, discounts, incentives, or cross-selling — the service checks template wording and automated sends against this rule; (e) for customers in Washington state, automated quote follow-ups and review requests are sent only after the customer has affirmatively agreed to receive them, which the service requests and records; and (f) you will not attempt to circumvent opt-outs, quiet hours, sending windows, or daily limits. We may suspend sending for an account — in whole or for a particular program — where we reasonably believe these duties are being breached, and may require corrective action before sending resumes.

7.10. Data processing. For your customers' information, you are the decision-maker and we process the information only on your documented instructions (your configuration and use of the service), solely to provide the service, under confidentiality obligations, using the subprocessors listed in the Privacy Policy. We will reasonably assist you with your customers' privacy requests and with security-incident obligations, notify you of a confirmed security incident affecting your customers' information without undue delay, and, at the end of the service, return or delete that information as the Privacy Policy describes — except consent, opt-out, and compliance records, which are retained as described there. Content you or your customers send through the service is not used to train artificial-intelligence models.

8. CUSTOMER RESPONSIBILITIES AND PROHIBITED USES

8.1. General responsibilities. You are responsible for your business decisions, your customer relationships, the services you sell, and the accuracy of information you enter or import into the service, including information imported from your website, which is placed in drafts for your review before use.

8.2. Prohibited activities. You must not, and must not permit any person to: (a) use the service for any unlawful purpose; (b) misrepresent your identity, your affiliation, or the capabilities or results of the service; (c) publish or use fabricated statistics, testimonials, or revenue claims in connection with the service; (d) attempt to access another customer's account or data, or our administrative systems; (e) interfere with the service's security, availability, or integrity, or circumvent usage limits or access controls; (f) copy, reverse engineer, or create derivative works of the service except as permitted by law; or (g) resell or sublicense the service itself except under a separate reseller license agreement with us.

8.3. Estimates. Figures the service displays about recovered bookings, job values, or potential revenue are calculated from values you enter and are estimates for your planning only. They are not verified revenue, not guarantees, and must not be presented to others as guarantees.

9. THIRD-PARTY SERVICES AND DEPENDENCIES

9.1. Providers. The service depends on third-party providers, which currently include Twilio for telephony and messaging, Stripe for payment processing, and hosting, email-delivery, and — where configured — calendar, customer-management, and artificial-intelligence providers. Your use of features that rely on a provider is also subject to that provider's terms and policies.

9.2. No control over providers. We do not control third-party providers, carriers, or your telephone company, and we are not responsible for their outages, filtering, delays, registration decisions, or changes. Call forwarding is provided by your telephone company; failures of forwarding are outside our control.

9.3. Provider changes. We may change providers, or modify features that depend on them, where reasonably necessary for operational, legal, security, or business reasons.

10. DATA AND INTELLECTUAL PROPERTY

10.1. Your data. As between you and TextBack, you retain your rights in the information you and your customers submit to or generate through the service, including contact details, call records, and message content ("Customer Data"), subject to the rights of individuals and applicable law. You grant us a limited license to host, transmit, store, and process Customer Data solely to provide, maintain, secure, and support the service, to comply with law, and to enforce these Terms. Our handling of personal information is described in the Privacy Policy.

10.2. Our property. TextBack and its licensors retain all right, title, and interest in the service and all associated intellectual property, including software, interfaces, workflows, designs, and documentation. These Terms grant usage rights only; no ownership is transferred, and no rights are granted by implication.

10.3. Feedback. If you provide suggestions or feedback, we may use them to improve the service without compensation or restriction, provided we do not thereby obtain ownership of your confidential information or identifiable Customer Data.

10.4. Your branding. You retain ownership of your business name, trademarks, and logos, and grant us a limited license to use them solely as reasonably necessary to operate and provide the service to you.

11. RESELLERS

11.1. Separate agreement. If you purchase a reseller license, your reseller activities are governed by the separate Reseller Software License Agreement you accept for that license, including its provisions on license fees, client allowances, overage charges, grace periods, white-label branding, and end-client relationships.

11.2. Precedence. If a provision of these Terms conflicts with the Reseller Software License Agreement on a matter specific to your reseller license, the Reseller Software License Agreement controls for that matter. Your own use of the service as a business customer remains governed by these Terms.

11.3. Money separation. Resellers bill their own clients through their own payment accounts at their own prices. License fees owed to us under a reseller license are separate from, and are not offset by, amounts your clients owe you.

12. SERVICE AVAILABILITY AND CHANGES

12.1. Availability. We will use commercially reasonable efforts to operate the service substantially in accordance with its documented functionality. Unless a separate written service-level agreement applies, we do not guarantee uninterrupted or error-free operation.

12.2. Maintenance and changes. We may perform scheduled or emergency maintenance and may modify, replace, or discontinue features where reasonably necessary for technical, operational, legal, security, or business reasons, using commercially reasonable efforts to give advance notice of material adverse changes where practicable.

12.3. Backups. We maintain backups as part of ordinary operations, but the service is not your archival or backup system of record, and you should keep your own copies of records you must retain.

13. SUSPENSION AND TERMINATION

13.1. Cancellation by you. You may cancel at any time as provided in Section 6.6. Cancellation takes effect at the end of the then-current paid period, or at the end of your trial if you cancel during it.

13.2. Suspension or termination by us. We may suspend or terminate your account, in whole or in part, if: (a) amounts owed remain unpaid after applicable retries and notice; (b) you materially breach these Terms and do not cure within a reasonable period after notice, where cure is possible; (c) your use presents a fraud, security, legal, or carrier-compliance risk that requires immediate action; or (d) we discontinue the service generally, on reasonable notice where practicable.

13.3. Effects of ending. When a subscription ends, messaging and other service functions stop for the affected location. Amounts accrued before termination remain payable. Sections that by their nature should survive — including Sections 7.7, 10, 14, 15, 16, and 18 — survive termination.

13.4. Your data after termination. Following termination, your Customer Data is handled as described in the Privacy Policy, including the export-request and deletion provisions. Opt-out suppressions described in Section 7.3 are retained as provided there and in the Privacy Policy so that opt-outs continue to be honored.

14. DISCLAIMERS

14.1. As-is service. Except for express commitments stated in these Terms and to the maximum extent permitted by law, the service is provided "AS IS" and "AS AVAILABLE," and we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and warranties arising from course of dealing or usage of trade.

14.2. No guaranteed outcomes. We do not guarantee a particular number of calls captured, messages delivered, appointments booked, or revenue earned. Registration approvals, delivery, and carrier behavior are outside our control, as provided in Sections 7.6 and 9.

14.3. No compliance guarantee. The service's safeguards — including opt-out automation, quiet hours, and registration checks — are designed to support compliant use but are not legal advice and do not guarantee your compliance with telecommunications, privacy, advertising, or other laws.

14.4. Non-excludable rights. Nothing in this Section excludes or limits a warranty or liability that cannot lawfully be excluded or limited.

15. LIMITATION OF LIABILITY

15.1. Excluded damages. To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, loss of business opportunities, loss of goodwill, or loss of anticipated savings, arising out of or relating to these Terms or the service, even if advised of the possibility of such damages, except where such damages cannot lawfully be excluded.

15.2. Cap. To the maximum extent permitted by law, each party's aggregate liability arising out of or relating to these Terms shall not exceed the total subscription fees paid or payable by you to us during the twelve (12) months immediately preceding the event giving rise to the claim, or, if the claim arises before twelve months of payments have accrued, the fees paid or payable from your subscription start through the date of the event.

15.3. Exceptions. Nothing in this Section limits liability to the extent prohibited by law, including liability for fraud, willful misconduct, or intentional infringement of the other party's intellectual property rights.

16. INDEMNIFICATION

16.1. Your indemnification. To the maximum extent permitted by law, you will defend, indemnify, and hold harmless TextBack and its owner, and their respective personnel and agents, from third-party claims, proceedings, damages, penalties, liabilities, costs, and reasonable attorneys' fees arising out of or relating to: (a) messages sent from your account, including claims of unlawful messaging, lack of required consent, or failure to honor opt-outs; (b) your content, templates, business practices, representations, or customer agreements; (c) your breach of these Terms or applicable law; (d) your misuse of Customer Data or violation of privacy rights; or (e) your fraud, gross negligence, or willful misconduct. This obligation applies only to the extent a claim is attributable to the covered acts or omissions.

16.2. Process. We will give you reasonably prompt notice of a claim for which indemnification is sought; delayed notice relieves you only to the extent it materially prejudices your defense. You may control the defense with qualified counsel, and you may not settle a claim in a manner that admits fault on our behalf or imposes non-monetary obligations on us without our prior written consent.

16.3. Our responsibility. We are responsible for third-party claims to the extent directly arising from an allegation that the unmodified service, when used as authorized under these Terms, infringes a third party's intellectual property rights, subject to applicable law and Sections 14 and 15. At our option we may procure continued use rights, modify or replace the affected functionality, or terminate the affected subscription and refund prepaid, unused subscription fees for the terminated portion.

17. PRIVACY

17.1. Privacy Policy. Our Privacy Policy, available at gotextback.com/privacy, describes how personal information is collected, used, shared, retained, and deleted in connection with the service, and is part of the parties' arrangement. In the event of a conflict between the Privacy Policy and these Terms on a contractual matter, these Terms control.

17.2. Your privacy obligations. You are responsible for providing legally required privacy notices to your customers, for having a lawful basis to give us their information for processing under these Terms, and for responding to your customers' privacy requests, with our reasonable cooperation where the information is held in the service.

18. DISPUTES AND GOVERNING LAW

18.1. Good-faith resolution. Before commencing litigation, the parties will attempt in good faith to resolve any dispute through written notice describing the dispute and reasonable discussions.

18.2. Governing law. These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law principles, unless applicable law requires otherwise.

18.3. Venue. Subject to mandatory jurisdictional requirements and applicable law, the parties consent to the jurisdiction of the state and federal courts located in Virginia for disputes arising out of or relating to these Terms or the service.

18.4. Equitable relief and preserved rights. Either party may seek injunctive or equitable relief where necessary to prevent unauthorized disclosure of confidential information, misuse of intellectual property, unauthorized access, or other harm for which monetary damages would be inadequate. Nothing in this Section prevents either party from exercising a non-waivable legal right.

19. CHANGES, NOTICES, AND GENERAL PROVISIONS

19.1. Changes to the service terms. We may update these Terms from time to time. For material changes, we will provide notice by email to the address on your account, through the service, or by posting the updated Terms at gotextback.com/terms at least fourteen (14) days before the change takes effect, where practicable. Your continued use after the effective date constitutes acceptance of the updated Terms for your ongoing subscription, subject to Section 19.3.

19.2. Changes to the Privacy Policy. Material changes to the Privacy Policy will be communicated as described in that policy.

19.3. Trial terms versioning. If you are in a free trial when the Terms change, the trial terms recorded on your account at signup continue to govern your trial and trial-end charge; updated Terms apply to you from your first paid period. New signups agree to the version in effect at their registration, which is recorded on their account.

19.4. Notices. We may deliver notices to the email address associated with your account or through the service. You will deliver formal notices to us at b.bell633@gmail.com or by mail to TextBack, 204 Myers Ave, Harrisonburg, VA 22801, USA. You are responsible for keeping your contact and billing information current.

19.5. Entire agreement. These Terms, together with your signup and account records (including recorded price and trial terms), the Privacy Policy, and, where applicable, the Reseller Software License Agreement and its license summary, constitute the entire agreement between the parties concerning the service and supersede prior agreements and representations on that subject.

19.6. Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to an affiliate or successor in connection with a merger, reorganization, or sale of substantially all relevant assets, provided the assignment does not eliminate mandatory legal protections owed to you.

19.7. Force majeure. Neither party is liable for delay or failure to perform to the extent caused by events beyond its reasonable control, including natural disasters, governmental action, widespread telecommunications or internet failures, power outages, and major third-party infrastructure disruptions. This Section does not excuse payment obligations for amounts already due.

19.8. Severability and waiver. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, where permitted, and the remaining provisions remain in effect. A failure to enforce a provision is not a waiver of the right to enforce it later; any waiver must be express and applies only to the specific matter waived.

19.9. Interpretation and electronic acceptance. Headings are for convenience only. "Including" means "including without limitation." Electronic acceptance, electronic signatures, and electronic records may be used to enter into and administer these Terms to the extent permitted by applicable law. This document is drafted in English; the English version controls in the event of a conflict with a translation.

END OF TERMS OF SERVICE