Terms of Service

About these terms

These terms are an agreement between you and TextScaleHQ (“TextScaleHQ”, “we”, “us”). They cover textscalehq.com and the TextScaleHQ app. You agree to them when you start a trial or use TextScaleHQ.

If you use TextScaleHQ for a company or for clients, you agree for that company too, and you confirm you’re allowed to.

Our Privacy Policy explains how we handle personal information and is part of these terms.

What TextScaleHQ is

TextScaleHQ is software for sending marketing texts for one or more businesses. It covers contacts, sign-up pages, campaigns, AI Promo drafts and reports.

We’re not a phone carrier. Texts go out through the Twilio or Vonage account you connect, under that account’s own terms.

Your account

• You must be 18 or older and use TextScaleHQ for business, not personal use.
• Give us accurate information and keep it up to date, including each business’s name, website and links.
• Keep your password safe. You’re responsible for what happens in your account. If you think someone else got in, tell us right away.
• Agencies may run businesses for their clients. You confirm that each client agreed to you texting for it, and you’re responsible for those texts as if they were your own.

Your carrier account

• It stays yours. You keep your Twilio or Vonage account, your numbers and your carrier history. Your carrier bills you directly for numbers and texts, at its own prices. Our prices don’t include them.
• You let us use your carrier keys to:
  • send the texts you send, schedule or approve;
  • point your numbers’ replies at TextScaleHQ so STOP and HELP work;
  • read delivery results and what your carrier charged;
  • buy toll-free numbers when you ask;
  • file the toll-free verifications you ask us to file.
• Registrations:
  • We check each filing before we send it, and we can decline one we think breaks these terms or a carrier would reject. We don’t file political campaigns.
  • The filing uses what you give us, and you confirm it’s true.
  • Approval is up to the carrier and can take several days.
• Delivery isn’t guaranteed. Carriers can filter, delay or block texts for their own reasons, and we can’t promise any text arrives.
• Your carrier’s rules apply to everything you send, including its terms and acceptable-use rules. If your carrier suspends your account, sending stops.

Trial, plans and billing

• Free trial:
  • 30 days with Starter’s limits, and no card needed.
  • If you choose a plan during the trial, your first charge comes when the trial ends.
  • If the trial ends without a plan, your account is locked until you choose one: sending and sign-ups pause, and nothing is deleted.
• Plans: prices and limits are on our pricing page and in Account. Plans are billed monthly or yearly in advance through Stripe, in US dollars, plus any tax.
• Renewal: your plan renews automatically every month, or every year on a yearly plan, at the current price until you cancel. We’ll remind you by email before a yearly plan renews.
• Canceling: you can cancel any time in Account › Billing. Your plan ends at the end of the month (or year) you’ve paid for, and you keep full access until then.
• Changing plans:
  • An upgrade starts right away. On a monthly plan, the difference for the rest of the month is added to your next invoice. On a yearly plan, the difference for the rest of the year is charged right away.
  • A downgrade starts at your next renewal.
  • Switching from monthly to yearly starts right away: you’re charged for the year, less what’s left of the month you’ve paid for.
  • Switching from yearly to monthly starts at your next renewal.
  • During the free trial, any change starts right away, and nothing is charged until the trial ends.
• Refunds:
  • Payments aren’t refunded, including for part of a month or year, unless the law requires it.
  • Deleting your account cancels your plan right away, with no refund for the rest of the month or year you’ve paid for.
• Failed payments:
  • If a payment fails, we’ll email you, and your account keeps working for 7 days.
  • If it’s still unpaid after that, sending pauses until the payment goes through.
• Price changes: we’ll email you at least 30 days before a new price applies to your plan. You can cancel before then.
• Yearly plans: a yearly plan costs 10 months of the monthly price. A Founding rate carries over at 10 months of its monthly price. Other discounts on a monthly plan end when you switch to yearly.
• Monthly sending: plans include a monthly sending allowance, under fair use. We’ll tell you as you get close. Sending isn’t cut off when you go over, but if you go far over, we’ll ask you to move to a plan that fits.

Messaging rules

These rules come from US law, including the Telephone Consumer Protection Act (TCPA), from the CTIA Messaging Principles and from the carriers’ own rules. Breaking them can get your texts blocked and your numbers shut down. It can also lead to fines and lawsuits.

Consent

• Text only people who agreed in writing to get marketing texts from that business, and only the kind of texts they agreed to.
• Keep proof of that consent. Our sign-up pages and keywords record it for you. For contacts you import or add by hand, keep the proof yourself.
• Never text bought, rented, borrowed or shared lists. Never text numbers you got for something else, like an order or an appointment.
• Consent belongs to one business. Don’t move people from one business to another.
• Don’t knowingly text children under 13, or use TextScaleHQ to collect their information.

Opt-outs, identity and timing

• Every text must name the business and say how to stop. TextScaleHQ adds both, and you may not remove or hide them.
• Honor every opt-out. We apply STOP and similar replies automatically. Don’t try to add those people back any other way.
• Answer HELP with the business’s contact details. We set this up with you in Messaging Setup.
• Text only between 8 AM and 8 PM where the person is. TextScaleHQ holds texts until then. Where local rules are stricter, follow them.

What you can’t send

Don’t use TextScaleHQ to send texts that:

• are about anything illegal where you or the person are. That includes cannabis and CBD, and prescription drugs offered without a prescription;
• contain sexual content, hate speech, threats or harassment;
• promote age-restricted products such as alcohol, tobacco, vaping or firearms, unless your carrier has approved it and you check age;
• offer high-risk financial products: payday or short-term loans, debt relief or collection, credit repair, cryptocurrency, or investment schemes;
• promote gambling, or sweepstakes that need a payment to enter;
• are deceptive or phishing, pretend to be someone else, or carry malware;
• collect leads for other companies or promote other companies’ products for a commission (lead generation and affiliate marketing);
• are for political campaigns or fundraising, which need registrations we don’t support;
• infringe someone else’s rights, such as their copyright or trademark.

Your carrier may restrict more than this list, and its rules apply too.

Links

• When a text includes a link, we may replace it with a short link on tsqgo.com, our link domain. The short link takes the person to your page and records that it was opened.
• Don’t use links to hide where they go. Don’t use public link shorteners such as bit.ly: carriers block them.
• We may turn off short links, or all of a business’s links, that lead to anything these rules don’t allow or that put our link domain at risk.

AI Promo

• AI Promo drafts texts from the business’s brand profile. Drafts can be wrong, so read each one before you schedule it. Nothing goes out until you schedule it.
• You’re responsible for the texts you schedule, including every offer, price and claim in them. AI Promo uses only the offers you list, and you must make sure they’re real.
• How many AI plans and rewrites you get each month depends on your plan.
• We use OpenAI to write drafts, as our Privacy Policy explains.

Your content and data

• Your contacts, texts and other content stay yours. You let us store and use them only to run TextScaleHQ for you, as our Privacy Policy describes.
• You confirm you have the right to give us your contacts and to text them.
• You can export your contacts and reports at any time.
• Opt-outs and consent records are kept for at least 4 years, even after you delete a business or your account. They protect you and the people you texted.
• If you send us ideas or feedback, we can use them without owing you anything.

When we can pause or close an account

We can take these steps:

• pause sending;
• turn off links;
• pause a business;
• suspend or close an account.

We’ll do this only if we reasonably believe an account breaks these terms or the law, harms people, or puts carriers’ trust in TextScaleHQ at risk.

We’ll tell you why and how to fix it, unless the law or someone’s safety stops us. If we close your account when you’ve done nothing wrong, we’ll refund the unused part of your month or year.

Our service

• We work to keep TextScaleHQ running and secure, but we don’t promise it will always be available or free of errors.
• We may change or remove features. If we remove something important from your plan, we’ll tell you first.
• TextScaleHQ’s tools help you follow texting rules, but they aren’t legal advice. You’re responsible for following the law where you and the people you text are.

Disclaimers

TextScaleHQ is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

We aren’t responsible for carriers: their filtering, their delivery or their fees.

Limits on liability

To the fullest extent the law allows:

• neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data;
• our total liability for all claims about TextScaleHQ is limited to what you paid us in the 12 months before the claim.

These limits don’t apply to your duties under “Claims about your texts” or to amounts you owe us.

Claims about your texts

You’ll defend TextScaleHQ against claims, and pay what they cost us, including reasonable legal fees, when they come from:

• texts sent from your account;
• your contacts or content;
• your breaking these terms or the law.

That includes claims under the TCPA and similar laws.

Ending this agreement

• You can stop any time by canceling your plan in Account › Billing, or deleting your account in Account › Security.
• We can end this agreement with 30 days’ notice by email, or right away under “When we can pause or close an account”.
• Some parts keep applying after the agreement ends: money owed, the records we keep, the disclaimers, the limits on liability, claims about your texts, and the law and courts that apply.

Law and disputes

• The laws of the State of Florida govern these terms, apart from its conflict-of-law rules.
• Any dispute goes to the state or federal courts located in Florida, and both of us agree to those courts.
• Before going to court, please email us and give us 30 days to try to fix the problem.

Changes to these terms

We may update these terms, and when we do, we change the date at the top. For changes that matter, we’ll email account holders at least 30 days before they apply.

We’ll also ask you to agree to them in your dashboard. If you don’t agree, you can cancel before they apply. From the day they apply, the dashboard asks you to agree before you carry on (Account still works, so you can export your contacts or cancel), and if you still haven’t agreed by your next renewal, your plan won’t renew.

Everything else

• These terms and the Privacy Policy are the whole agreement between us about TextScaleHQ.
• If part of these terms can’t be enforced, the rest still applies.
• If we don’t enforce a part right away, we haven’t given it up.
• You can’t transfer this agreement without our OK. We can transfer it to a company that takes over TextScaleHQ.
• Neither of us is responsible for delays caused by things outside our reasonable control, such as carrier outages.
• We send notices to your account email. You can reach us at [email protected].

Contact us

Questions about these terms: email [email protected], or see our Contact page. To report a text or a tsqgo.com link, see Report a link.

Read next: Privacy Policy