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Terms of Service

Please read these Terms and Conditions (the “Terms”) carefully before using the tools, services, materials, and information that Texterify provides (the “Service”) as they affect your obligations and legal rights, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us.

These Terms together with the Privacy Policy, govern your use of the Service and constitute a legally binding agreement between you and Texterify. By using our Service, you are agreeing to be bound by the following terms and conditions. Violation of any of the terms below will result in the termination of your account. While Texterify prohibits such conduct and content on the service, you understand and agree that Texterify cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.

1. Account Terms

  1. You must be 18 years or older to use this service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  5. You may create separate logins for as many people as you’d like.
  6. You are responsible for maintaining the security of your account and password. Texterify cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  7. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2. API Terms

Customers may access their Texterify account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Texterify, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that Texterify shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Texterify has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to Texterify via the API may result in the temporary or permanent suspension of your account’s access to the API. Texterify, in its sole discretion, will determine abuse or excessive usage of the API. Texterify will make a reasonable attempt via email to warn the account owner prior to suspension.
  3. Texterify reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

3. Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. You can use Texterify on premise or as a cloud service.
  2. If you initially sign up for a paid plan (see https://texterify.com/pricing), you’ll be on a trial plan including all features for 7 days. After your free trial expires you can choose one of Texterify’s paid plans and enter your billing information. If you don’t switch to a paid plan you can still use the free version of the service for free. The service is billed in advance on a monthly (for the cloud version) or on a yearly basis (for the on premise version) and is non-refundable. There will be credits granted for partial months/year of service when you upgrade/downgrade, but no refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your service may cause the loss of content, features, or capacity of your account. Texterify does not accept any liability for such loss.

4. Cancellation and Termination

  1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the account link in the global navigation bar at the top of the screen. The account screen provides a simple no questions asked cancellation link.
  2. All of your content will be immediately deleted from the service upon cancellation. This information cannot be recovered once your account is cancelled.
  3. If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again (except of remaining fees from the last period).
  4. Texterify, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Texterify service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your account, and the forfeiture and relinquishment of all content in your account. Texterify reserves the right to refuse service to anyone for any reason at any time.

5. Modifications to the Service and Prices

  1. Texterify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
  2. Prices of all services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Texterify website (see https://texterify.com/pricing) or the service itself.
  3. Texterify shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

6. Copyright and Content Ownership

  1. All content posted on the service must comply with Austrian copyright law.
  2. We claim no intellectual property rights over the material you provide to the service. Your profile and materials uploaded remain yours.
  3. Texterify does not pre-screen content, but Texterify and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.
  4. The look and feel of the service is copyright © Christoph Werner. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Texterify.
  5. Copyrights to the Service remain solely with Texterify. The customer is only granted a simple, non-transferable right of use to the Service within the scope of the corresponding contract and booked Plan.

7. Limitations on Use of the Service

While using the Service you may not, and may not encourage, authorize, or assist others to,

  1. reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Service and/or extract any files from them,
  2. or make or attempt to make any modification to the Service,
  3. modify, defeat, interfere with, or circumvent any feature of the Service, including any security or access control mechanism,
  4. attempt to probe, study or test the vulnerability of the Service or to breach any security or authentication measures, regardless of your motives and/or intent,
  5. attempt to damage, interfere with, or disrupt the Service to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse,
  6. pretend that you are, or that you represent, someone else or impersonate any other individual or entity,
  7. intercept any system data, personal information, or other data relating to the Service,
  8. access or use the Service for any unlawful purpose,
  9. take any action that would impose a disproportionately large or unreasonable load on our network or other infrastructure,
  10. use or launch any “robot”, “spider”, “page-scraper”, “deeplink” or other automated means to accesses, acquires, copies, or monitors any part of the Service.

You may only use the Service and its contents for lawful purposes and is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Texterify) or privately transmitted on or via this Service are the sole responsibility of the sender, not Texterify, and that you are responsible for all material you upload, post or otherwise transmit to or via the Service.

You agree not to submit any materials to the Service, or act in a way, which in our opinion:

  1. libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  2. seeks to exploit or harm children;
  3. infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  4. violates any law or may be considered to violate any law;
  5. you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
  6. advocates or promotes illegal activity;
  7. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  8. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Service;
  9. solicits funds, advertisers or sponsors;
  10. includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  11. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Service;
  12. copies any other pages or images on this Service except with appropriate authority;
  13. amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
  14. disobeys any policy or regulations established from time to time regarding use of the Service or any networks connected to this Service; or
  15. contains links to other sites that contain the kind of content, which falls within the descriptions set out at (1.) to (14.) above.

8. General Conditions

Your use of the Service is at your sole risk. The service is provided on an „as is” and „as available” basis.

  1. Technical support is only provided to paying account holders and is only available via email.
  2. You understand that Texterify uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.
  3. You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service, Texterify, or any other Texterify service.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by Texterify.
  5. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Texterify customer, employee, member, or officer will result in immediate account termination.
  7. You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. You must not upload, post, host, or transmit unsolicited email, SMSs, or „spam” messages.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. If your bandwidth usage exceeds 500 MB/month or hosted words exceed 2 million, or significantly exceeds the average usage (as determined solely by Texterify) of other Texterify customers, we reserve the right to immediately disable your account or throttle your data hosting and upload/download until you can reduce your bandwidth/hosted words consumption.
  11. Texterify does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
  12. You expressly understand and agree that Texterify shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Texterify has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of Texterify to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitute the entire agreement between you and Texterify and govern your use of the Service, superceding any prior agreements between you and Texterify (including, but not limited to, any prior versions of the terms of service).
  14. The customer grants Texterify the right, which is freely revocable at any time, to use the names of the customer’s company, products and services, as well as the customer’s logos and other company identifiers, as part of the Service of Texterify as well as in other marketing materials concerning Texterify Service, in which reference is made to the customer relationship, without Texterify being obliged to make such reference.
  15. Questions about the terms of service should be sent to support@texterify.com.

9. Choice of Law, Place of Performance, Place of Jurisdiction, Written Form Requirement

The laws of the Federal Republic of Austria apply. The place of performance and place of jurisdiction is the domicile of all about apps GmbH. Texterify may also file a lawsuit against customers at the place where their assets are located. All changes to these Terms of Service and the requirement of the written form must be made in writing. The invalidity of individual provisions does not affect the validity of the other provisions of these Terms of Service.

10. Changes

Texterify reserves the right to update and change the terms of service from time to time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of the terms of service at any time at: https://texterify.com/terms-of-service.

11. Contact

aaa – all about apps GmbH
Siebenbrunnengasse 17 / TOP 3
A-1050 Wien

Email: office@allaboutapps.at
Telefon: +43 1 547 12 73
UID: ATU71560205

Kammer: Wirtschaftskammer Österreich
GF: Michael Rosenzweig-Steiner, Norbert Striedinger
Rechtssystem: Österreich

Für die Verarbeitung von personenbezogenen Daten verantwortliches Unternehmen

aaa – all about apps GmbH
Siebenbrunnengasse 17 / Top 3
1050 Wien
AT