Terms of Services
TextHub.com SMS Marketing Terms and Conditions
Important Disclaimers
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OF TEXTHUB.COM. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE OUR SERVICES.
1. Scope of Service
TextHub.com ("we," "our," or "us") provides an SMS marketing platform that enables businesses to send and receive text messages to their customers. It is important to note that TextHub.com does not offer services beyond the SMS marketing platform, such as marketing consultation, campaign design, or list management.
2. Compliance with Laws and Regulations
You, as the user of TextHub.com's services, are solely responsible for ensuring that your use of our services complies with all applicable laws and regulations, including but not limited to:
a. Telephone Consumer Protection Act (TCPA): You must adhere to TCPA regulations, which govern telemarketing practices, including SMS marketing. Violations of the TCPA can result in significant legal penalties.
b. General Data Protection Regulation (GDPR): If you are sending messages to recipients in the European Union, you must comply with GDPR requirements related to data protection and consent.
c. Data Responsibility: You are responsible for compliance with all applicable data protection and privacy laws (e.g., CCPA, GDPR) relating to your contacts and messaging. While TextHub.com employs reasonable security measures, we disclaim liability for unauthorized access or data breaches resulting from your failure to protect login credentials or secure your systems.
d. Cellular Telecommunications Industry Association (CTIA): Compliance with CTIA guidelines is crucial to maintaining the quality of SMS marketing and avoiding issues related to carrier restrictions.
e. Federal Communications Commission (FCC): FCC rules and regulations must be followed to ensure lawful and non-disruptive SMS marketing practices.
f. Texas Senate Bill 140 (Senate Bill 140, effective September 1, 2025): This Texas state law expands the definition of "telephone solicitation" to include SMS, MMS, and graphic messages. Marketing texts sent to Texas residents (or from Texas to any recipient) may require:
- Registration with the Texas Secretary of State, including annual Form 3401 filing, a $200 fee, and a $10,000 surety bond or equivalent;
- Inclusion of an opt-out mechanism in each message, honoring opt-out requests immediately;
- Adherence to Texas quiet hours (9 a.m.–9 p.m. Monday–Saturday; noon–9 p.m. Sunday, Texas time);
- Recordkeeping of consent, opt-outs, and message logs; and
- Awareness that violations may result in civil penalties, private lawsuits under the Texas Deceptive Trade Practices Act, and treble damages for willful misconduct.
TextHub.com expressly disclaims liability for any non-compliance with Senate Bill 140. You understand that compliance with these requirements is your sole responsibility.
TextHub.com shall not be held accountable for any violations of laws or regulations resulting from your use of our services.
3. Service Level & Availability Disclaimer
Service Availability. While we strive for high availability, we do not guarantee uninterrupted or error-free operation. You acknowledge that occasional downtime or delays may occur due to carriers, third-party services, network disruptions, or technical issues beyond our control.
4. Consent and Disclosure
Before sending any SMS messages through TextHub.com, you must obtain prior express written consent from all recipients of your messages. Additionally, you are obligated to provide clear and conspicuous disclosure of the purpose of the message, the identity of the sender, and the recipient's option to opt-out of receiving further messages. This disclosure must be presented in a straightforward and easily noticeable manner. TextHub.com shall not assume responsibility for any violations of the TCPA or other applicable laws arising from your failure to obtain proper consent or provide clear and conspicuous disclosure.
5. Opt-Out Mechanism
It is your responsibility to furnish a clear and conspicuous opt-out mechanism for recipients of your SMS messages. This mechanism should be readily accessible and simple to use. You must promptly honor all opt-out requests, generally within 10 business days. TextHub.com will not be held responsible for any delays in processing opt-out requests.
6. Data Security
You bear sole responsibility for safeguarding the security of any data collected or stored through TextHub.com. This includes taking reasonable measures to prevent unauthorized access, use, disclosure, alteration, or destruction of data. In the event of a security breach or unauthorized access, you must immediately inform TextHub.com. TextHub.com shall not be liable for security breaches or unauthorized access resulting from your failure to implement reasonable security measures.
7. Indemnity and Hold Harmless
By using TextHub.com's services, you agree to indemnify and hold harmless TextHub.com, its officers, directors, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services. This indemnification includes, but is not limited to, claims resulting from:
a. Violation of applicable laws or regulations.
b. Failure to obtain proper consent.
c. Failure to provide clear and conspicuous disclosure.
d. Failure to honor opt-out requests.
e. Failure to implement reasonable security measures for data protection.
This indemnity extends to indirect damages and legal costs associated with any legal actions that may arise from your use of TextHub.com's services.
8. Termination
TextHub.com may terminate your use of its services at any time, with or without cause. TextHub.com may also terminate your use of its services without notice if it believes you are in violation of these terms and conditions or any applicable laws or regulations. Upon termination, you remain responsible for any fees incurred.
9. Payment / Fees
Payment & Refunds. Customers are responsible for paying all fees associated with the Services. All payments are non-refundable unless otherwise expressly provided. You may cancel at any time, but no partial or full refund will be issued for unused portions of service unless required by law or agreed in writing by TextHub.com.
10. Changes to Terms and Conditions
TextHub.com may modify these terms and conditions at any time. Any changes will be posted on TextHub.com's website and will be effective immediately upon posting. You are responsible for reviewing these terms and conditions periodically to stay informed of any changes. Your continued use of TextHub.com's services following the posting of any changes will be deemed your acceptance of such changes. We may modify, suspend, or discontinue aspects of our Services - including features, pricing, and prices - at any time, with or without notice. Continued use after changes constitutes your acceptance.
Additional Disclaimers
- TextHub.com operates as a 100% opt-in service. Please see TextHub.com's Privacy Policy, Terms Of Use & Anti-Spam Policy to learn about its position on SPAM and the privacy of your data.
- Message and data rates may apply in the US. Standard message and data rates apply in Canada. To unsubscribe from a TextHub ® list, simply text 'STOP' to the originating short code or contact TextHub.com's Support team.
- TextHub neither provides lists of phone numbers nor does it access its clients' contact lists.
Class Action Waiver
No party shall commence or seek to prosecute or defend any dispute, controversy, or claim based on any legal theory arising out of or relating to this Agreement, or the breach hereof, other than on an individual, non-class, non-collective action basis. No party shall seek to prosecute or defend any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach hereof, in a representative or private attorney general capacity. If applicable, an arbitrator shall not have the power to consolidate any arbitration under this Agreement with any other arbitration, absent agreement of all parties involved, or otherwise to deal with any matter on a non-individual, class, collective, representative, or private attorney general basis. This section shall survive the expiration or termination of this Agreement.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TEXTHUB.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TEXTHUB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OUR SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY ACTIONS TAKEN BY TEXTHUB.COM, INCLUDING THE TERMINATION OF SERVICES, SHALL BE CONSIDERED BUSINESS DECISIONS AND SHALL NOT CONSTITUTE LIABILITY ON OUR PART.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TextHub.com does not warrant that the services will meet your requirements or be uninterrupted, secure, or error-free.
©TEXTHUB 2025
BY UTILIZING TEXTHUB.COM'S SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT CONSENT TO THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING OUR SERVICES.
TextHub is a 100% opt-in service. Please see our Privacy Policy, Terms Of Use & Anti-Spam Policy to learn about our position on SPAM and the privacy of your data.
Msg&data rates may apply in the US. Standard message and data rates apply in Canada. To unsubscribe from an TextHub ® list, simply text 'STOP' to the originating short code or contact Support.
TextHub neither provides lists of phone numbers nor do we access our clients' contact lists.
© TextHub 2025