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Terms Of Service

BestText | TERMS OF SERVICE

Date: 11-01-2026

  1. AGREEMENT.

These Terms of Service apply to all Services, as defined in Section 2 below, of BestText, LLC and its operating affiliates (collectively, “BestText”) that are provided to or used by you (“You” or “Customer”). By accessing or using the Services, You accept and agree to these Terms of Service, as well as all rules and policies, including privacy policies, published on BestText’s website (https://besttext.com/).

THESE TERMS OF SERVICE CONSTITUTE AN AGREEMENT BETWEEN YOU AND BESTTEXT AND GOVERNS YOUR USE OF THE SERVICES (the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE BESTTEXT PLATFORM AND CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND BESTTEXT.

THE AGREEMENT REQUIRES YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH BESTTEXT AND YOU AGREE TO WAIVE THE ABILITY TO BRING CLAIMS AGAINST BESTTEXT IN A CLASS ACTION FORMAT.

BY ACTIVATING OR USING THE SERVICES, YOU REPRESENT AND WARRANT TO BESTTEXT THAT YOU ARE OF LEGAL AGE, HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, AND HAVE READ, UNDERSTAND, AND FULLY ACCEPT SERVICES PURSUANT TO THESE TERMS AND CONDITIONS.

These Terms of Service may be modified by BestText at any time and at BestText’s sole discretion. All changes to these Terms of Service shall become effective after they are published on BestText’s website. Your continued access or use of BestText’s Services after any change becomes effective constitutes Your acceptance of such change.

  1. DESCRIPTION OF SERVICE. BestText provides a web-based application (the “Platform”) for managing notification and mobile marketing campaigns including mobile messaging capabilities. The Services governed by these Terms of Services include, without limitation, the Platform and all of its associated programs, features, mobile applications, websites, account portals, and technical support functions (the “Service”). Services are for commercial use only and are not for individual or residential usage. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided to you on an “AS-IS” basis and that BestText assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

    You are responsible for obtaining and paying for all hardware, software, equipment and services required to access and use the Service and such services, including without limitation Internet access services. To access the Services, You must have a computer, mobile device, or other hardware that is compatible with the Service. BestText does not warrant that Services will be compatible with Your hardware. You acknowledge that BestText may release updated versions of its Services and that compatibility of such updates with Your hardware is not guaranteed. It is Your responsibility to maintain and/or obtain all hardware, devices, and equipment necessary for You to access and use the Service.

  2. AVAILABILITY OF SERVICES

    You acknowledge BestText is not a telecommunications service provider, and as such BestText does not undertake to transmit text messages as part of its provision of the Services. Rather, all text messages sent by You via the Services will be transmitted over networks owned and operated by underlying telecommunications providers. Text messages sent and received via the BestText Services is dependent upon the availability of services provided by such underlying providers. As the availability of these underlying services is not within BestText’s control, BestText cannot and does not guarantee such availability. You acknowledge that BestText shall not liable for any loss, financial or otherwise, incurred from the failure of any message to be delivered or received due to unavailability or technical issues associated with these underlying services.

    You further acknowledge that the Services may not be available or accessible in all countries. In the event You attempt to access or use the Services outside of the United States, You acknowledge that such access or use is not guaranteed by BestText. You are responsible for complying with all local laws governing Your access and use of the Services.

  3. YOUR REGISTRATION OBLIGATIONS. To purchase access to and use the Service, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BestText has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BestText has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

  4. PAYMENT AND FEES. Payment can be made by Credit Card or Paypal. In making such payment, You hereby authorize BestText to charge your credit card or Paypal account as set forth in the Payment Method section of the Registration Form to a monthly Service fee, and overage fees to BestText at the rates set forth on BestText’s website or agreed upon rate. Information associated with Your Payment Method must be kept current to avoid penalty, suspension, or termination for non-payment. Failure to timely remit any monthly payment may result in suspension or termination of the Services. Your subscription to BestText (and the Service available through BestText) will commence when your payment for Service is received by BestText and last for the duration of the term specified on the Registration Form (the “Term”). Except as otherwise specified on the Registration Form, provision of the Service will automatically renew for additional periods equal to the duration of the Term or for one year, whichever is shorter (“Renewal Term”).

    AUTOMATIC RENEWAL: BY PURCHASING THE SERVICES FROM BESTTEXT, YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL RENEW UPON THE EXPIRATION OF THE CURRENT TERM OR RENEWAL TERM. YOU ACKNOWLEDGE THAT YOU MUST NOTIFY BESTTEXT IN WRITING OF YOUR REQUEST TO CANCEL SERVICES AT LEAST THIRTY (30) BUSINESS DAYS PRIOR TO THE END OF THE CURRENT TERM OR RENEWAL TERM TO AVOID RENEWAL OF YOUR SUBSCRIPTION. IF YOU REQUEST TO CANCEL SERVICES LESS THAN THIRTY (30) BUSINESS DAYS BEFORE THE EXPIRATION OF THE CURRENT TERM OR RENEWAL TERM, YOUR SUBSCRIPTION WILL RENEW AND YOU WILL NOT RECEIVE A REFUND.

  5. PRIVACY POLICY. Registration Data and certain other information about you are subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. Please review our Privacy Policy at [insert link]. By accessing and using the Services, You consent to the terms of the Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by BestText and its affiliates. BestText may reasonably use your name and logo for its investor relations and marketing purposes.

  6. Use of Service by California Residents. In the event You permit California residents to use or access the Services, You understand that BestText may collect or store certain personal information relating to such California residents in connection with the provision of Services. BestText may, for example, collect or have access to IP addresses or telephone numbers of any third-party users that You permit to use its Services as part and parcel of providing the Services, although BestText does not have the ability to identify the information to any particular person in that scenario. You understand that California law permits businesses to collect, use, retain, sell, or disclose consumer information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, and that BestText has in place safe safeguards and processes to ensure that such data is protected from disclosure and is not identified with any person for any purpose. You understand and agree that BestText has no responsibility for consumer data collected or used by You and that BestText shall not have any liability for such collection or use by You.

  7. MEMBER ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under Your password or account designation. You agree to (a) immediately notify BestText of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. BestText cannot and will not be liable for any loss or damage arising from Your failure to comply with this section and/or from any resulting unauthorized access to Your account. In the event that BestText has reason to suspect that use of the Services associated with Your account is fraudulent or otherwise illegal, BestText may suspend or terminate the Services at its sole discretion and may report such activity to relevant law enforcement agencies.

  8. MEMBER CONDUCT/USE OF SERVICES.

  9. You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (collectively or individually, “Content”) used or shared in connection with the Services, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not BestText, are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the Services. BestText does not control, approve, or authorize the Content posted via the Services and, as such, does not guarantee the accuracy, integrity, quality, or legality of such Content. Under no circumstances will BestText be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, for any unlawful Content, or for any loss or damage of any kind incurred as a result of the use of, or caused by, any Content posted, emailed, transmitted or otherwise made available via the Services.

    BestText is solely a facilitator of the messages sent via the Services and has no visibility into or control over individual messages transmitted using the Services and has no responsibility or liability with respect to the content of any individual message. However, BestText may use programmatic means to filter or prescreen Your messages and block Your campaigns or account due to message keywords or other factors that BestText has determined, in its sole discretion, suggest Your messages or Content are likely to violate an applicable, rule, regulation, or law.

  10. You agree to not use the Service to:

    1. upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unlawful solicitation;

    2. send messages or calls to emergency or other public safety services, including without limitation 911, hospitals, police departments, fire departments, and life-line services. [CONFIRM]

    3. upload, post, text message, email, transmit or otherwise make available any adult, explicit, or obscene Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that You do not have a right to make available under any law or under contractual or fiduciary relationships (including, without limitation, inside trading information, proprietary and confidential information of a third-party, or information protected by intellectual property rights of a third party (“Rights”));

  11. upload, post, text message, email, transmit or otherwise make available any Content that does not comply with all federal, state, and local laws, including, but not limited to, anti-spam acts, consumer protection laws, the Telephone Consumer Protection Act, including the rules set forth in 47 C.F.R. § 64.1200 et seq. and all implementing regulations and orders of the Federal Communications Commission, all National and State Do-Not-Call Registries, the Federal Telemarketing Sales Rule, including all implementing regulations and orders of the Federal Trade Commission, federal and state laws governing telemarketing and sending of commercial messages, federal and state restrictions on robocalls, use of autodialers, and/or calls using an artificial or prerecorded voice, and the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act of 2003, and all implementing regulations;

  12. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

  13. forge headers or otherwise manipulate identifiers or call detail information in order to disguise the identity of the sender, the originating phone number or address, or the origin of any message or Content transmitted through the Service;

  14. upload, post, text message, email, transmit or otherwise make available any material that contains software viruses, phishing schemes, malicious software or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment or unlawfully obtain or access information from a third-party;

  15. stalk or otherwise harass another;

  16. collect or store personal data about other users in connection with the prohibited conduct and activities set forth herein; and/or

  17. upload, post, text message, email, transmit or otherwise make available any material generated by artificial intelligence application or other automatically-generated material without Your review and knowledge as to the accuracy, integrity, quality, and legality of such material.

  18. You acknowledge that BestText and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse, or move any Content that is made available or used in connection with the Services. By using the Services, You consent to any such prescreening. Without limiting the foregoing, BestText and its designees shall have the right to block or remove any Content that they determine in their sole discretion violates or is likely to violate this Agreement or is otherwise objectionable.

  19. You acknowledge, consent and agree that BestText may access, preserve, and disclose Your account information and Content if required to do so by law or if BestText determines in good faith that such access, preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to Your requests for customer service; or (e) protect the rights, property, or personal safety of BestText, its users and/or the public.

  20. You guarantee that the subscribers (i.e., message recipients) to Your account have granted You express consent to send them messages of the type that You intend to send them, in accordance with all applicable federal, state, and local laws and regulations, including the Telephone Consumer Protection Act and implementing regulations and orders of the Federal Communications Commission. As part of its Service, BestText provides You with tools to collect names, mobile phone numbers, email addresses, and other information on an opt-in basis and to help You import subscriber data. However, contact information may be imported only if Your subscribers have given You the required consent to receive a specified type of messaging from You. You agree that You will not access, import, or use any third-party list of phone numbers or otherwise send any unsolicited messages while using the Service. You agree that You will monitor, and are solely responsible for, the messages that are sent back to You by message recipients, and that You will comply with any requests by message recipients to stop receiving messages. You agree that any individuals requesting “Do-Not-Call” status shall immediately be placed on Your company's Do-Not-Call list, and You agree not to initiate any additional messages to any message recipients after they have made a Do-Not-Call or stop request. If for any reason BestText suspects that the subscribers have not given You express consent, it reserves the right to request a written explanation from You, the client, including the method of collecting the subscriber's phone numbers and a guarantee signed by You that all the people on Your subscriber list agreed to receive text messages from You of the type that You have sent. BestText reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to suspension or termination of the Service at any time, at our sole discretion, and without prior warning or refund if You have not complied with the Agreement and/or applicable law.

  21. You shall use BestText's service in compliance with all governing laws, regulations, rules, and orders.

  22. You agree that You are responsible for any breach of this Agreement by Your employees, agents, or any other users of Your Services. Further, You agree that You are responsible for compliance with this Agreement by Your employees, agents, or any other users of Your Services.

  23. You understand that, subject to the provisions of this Agreement, BestText grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license and right to use the Services selected by You during the Term and any Renewal Terms solely for Your internal business purposes. You will not license, sublicense, sell, rent, lease, transfer, assign, or otherwise make the Services available to any third party.

  24. You acknowledge that messages You send using the Services may be subject to or restricted by federal, state, or local laws governing the sending of voice, text, or electronic messages. By using the Services, You represent that You are familiar with all such laws and agree to comply with all such laws in using the Services. You are solely responsible for any and all legal violations resulting from Your delivery of messages using the Services.

  25. DOWNTIME & REFUND POLICY.

  26. For purposes of this Agreement, a Unit of Downtime is a period of at least one day during which access to the Service is unavailable because of problems with BestText system hardware or software. Downtime does not include:

    1. problems caused by factors outside of BestText’s reasonable control;

    2. problems resulting from any actions or inactions by You or any third party;

  27. problems or outages associated with the network services provided by Your internet service provider(s) or underlying carriers that transmit associated with BestText’s Services;

  28. problems resulting from Your hardware or equipment and/or third party hardware or equipment not within our sole control; or

  29. network unavailability during scheduled maintenance of our network and/or web servers.

  30. In any calendar month, we guarantee that Downtime will not exceed 1 Unit of Downtime excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during the hours of 6pm and 8am. We work to ensure the functioning of all web servers through continuous monitoring by our staff.

  31. If Downtime exceeds 1 Units of Downtime in any calendar month, we will, upon Your written request, credit Your account (a “Downtime Credit”) in an amount equal to the pro-rata price for one (1) day of service, for each instance of Downtime as that term is defined herein.

  32. To receive Downtime Credit, You must request such credit by sending an email to support@besttext.com within seven (7) days after the occurrence of Downtime. The aggregate maximum number of Downtime Credits to be issued for any and all instances of Downtime occurring in a single calendar month will not exceed seven (7) Downtime Credits. Downtime Credits will be applied upon issue of the first invoice following the request for Downtime Credit, unless the Downtime occurs in Your final month of service. In such case, a refund for the dollar value of the Downtime Credit will be mailed to You within thirty (30) days of the expiration of Your Service Term or Renewal Term, as applicable.

  33. If You are unhappy with any aspect of the Service, please contact us and we will attempt to rectify the situation. Because we are providing a service, which starts when You create the account, any refunds for Services are at our sole discretion. Further, no refunds will be made if we suspend or terminate Your account due to violation of this Agreement No refund will be given for a period of suspension.

  34. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE. BestText does not claim ownership of Content You submit or make available for inclusion on the Service. However, with respect to Content You submit or make available for inclusion on publicly accessible areas of the Service, You grant to BestText the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service and elsewhere for the purpose for which such Content was submitted or made available and also for the purpose of providing and promoting the Service to which such Content was submitted or made available.

  35. INDEMNITY. You agree to defend, indemnify and hold harmless BestText, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) Content You submit, post, transmit or make available through the Service, (ii) Your use of the Service or Platform, (iii) Your connection to the Service or Platform, (iv) Your violation of this Agreement, (v) Your violation of any rights of another, or (vi) Your violation of any law. This agreement to indemnify includes, but is not limited to, lawsuits threatened or filed by third parties, as well as inquiries and investigations by local, state, and federal regulators.

  36. GENERAL PRACTICES REGARDING USE AND STORAGE. The Services do not include data storage for messages, Content, or other material that You upload to the Platform or use in connection with the Services. You acknowledge that BestText may establish general practices and limits concerning use of the Service but that BestText has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. To avoid risk of loss, any messages, Content, or other material that You intend to save should be stored locally on Your devices or using third-party services.

  37. MODIFICATIONS TO SERVICE. BestText reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Platform (or any part thereof) with or without notice. You agree that BestText shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service or Platform. BestText does not guarantee that any modification to the Services will be compatible with Your devices, equipment, or other services used in connection with the Service.

  38. TERMINATION. You agree that BestText may, under certain circumstances and without prior notice, immediately terminate Your BestText account, any associated text message address and/or email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) Your engagement in fraudulent, illegal or improper activities, (g) third party operator requirement, and/or (h) nonpayment of any fees owed by You in connection with the Service. You may terminate Your access and use of the Service upon prior written notice to BestText. In no event shall You be entitled to a refund of any fees paid to BestText hereunder.

  39. BESTTEXT'S PROPRIETARY RIGHTS. Title, ownership rights and all intellectual property rights in and to the Service or Platform shall remain the sole and exclusive property of BestText. BestText retains all rights not expressly granted to You in this Agreement. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Service except and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service (including Your BestText I.D., account, account designation, password and other BestText information), use of the Service, or access to the Service.

  40. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  41. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BESTTEXT EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS, WARRANTIES, OR PROMISES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  42. BESTTEXT MAKES NO REPRESENTATIONS, WARRANTIES, OR PROMISES AS TO (a) THE SERVICE OR PLATFORM, (b) WHETHER THE SERVICE OR PLATFORM CONSTITUTES AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”), AS THAT TERM IS USED IN THE TELEPHONE CONSUMER PROTECTION ACT, (c) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED THROUGH THE SERVICE OR PLATFORM, (d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF YOUR MATERIALS AND DATA VIA THE SERVICE OR PLATFORM, OR (e) WHETHER YOUR USE OF THE SERVICE OR PLATFORMIS LEGAL IN ANY PARTICULAR JURISDICTION. BESTTEXT ALSO MAKES NO REPRESENTATIONS, WARRANTS, OR PROMISES THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR (f) THAT THE INTERNET WILL BE AVAILABLE AND WILL PERFORM.

  43. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BESTTEXT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

  44. REPRESENTATION BY YOU REGARDING PHONE NUMBERS. You represent and agree that You have all power and authority and have procured all rights and licenses necessary to use and text enable those phone numbers utilized to send messages with the Service without the consent of any third party. In the case of shared-use phone numbers, You expressly represent that You are expressly authorized to use such Phone Numbers.

  45. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BESTTEXT, ITS EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, ATTORNEYS, REPRESENTATIVES, ASSIGNS, AND SUCCESSORS SHALL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, 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 BESTTEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE OR PLATFORM; (b) 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 OR PLATFORM; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BestText’s service providers disclaim all liability with regard to BestText’s customers, whether direct, indirect, incidental, consequential, punitive or otherwise, arising out of or related to the use of the Service provided under this Agreement. You hereby release BestText’s service providers from and against all claims, liability and damages arising out of or related to Your of the services provided under this Agreement. You will be solely responsible for any third party claims, damages and liability arising out of, resulting from or caused by Your use of the Service provided under this Agreement including, without limitation, any claims, damages and liability arising out of, resulting from or caused by any message or content generated by You.

NOTWITHSTANDING THE FOREGOING EXPRESS LIMITATIONS OF LIABILITY, YOU ACKNOWLEDGE AND AGREE THAT SHOULD BESTTEXT, ITS OFFICERS, EMPLOYEES, SUCCESSORS, OR ASSIGNS BE HELD LIABLE TO YOU FOR DAMAGES, INJURIES OR LOSSES OF ANY KIND, DIRECTLY OR DIRECTLY RESULTING FROM YOUR USE OF THE SERVICE OR PLATFORM, THE MAXIMUM TOTAL DOLLAR AMOUNT OF LIQUIDATED DAMAGES FOR ANY AND ALL OF YOUR CLAIMS, INJURIES, DAMAGES, OR LOSSES SHALL NOT EXCEED THE FEES PAID TO BESTTEXT FOR YOUR USE OF THE SERVICE. THIS LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

  1. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE UNFORCEABLE PROVISIONS SHALL BE LIMITED TO THE MINIMUM EXTENT NECESSARY SO THAT ALL ENFORCEABLE PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT.

  2. NOTICE. BestText may provide You with notices, including those regarding changes to the Agreement, by either text message, e-mail, regular mail, or postings on the Service. Notice sent by BestText to any contact information provided by You to BestText shall be deemed given upon sending. You are responsible for monitoring all mail, email, voicemail, text messages, or other forms of communication to ensure receipt of such notices.

  3. TRADEMARK INFORMATION. The trademarks, service marks, logos and product and service names of BestText are trademarks of Mobile Dollars LLC (the “BestText Marks”). You agree not to display or use in any manner, the BestText Marks without BestText’s express prior written consent.

  4. DISPUTE RESOLUTION. ANY DISPUTE ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE SETTLED AND DETERMINED BY BINDING INDIVIDUAL ARBITRATION IN MIAMI, FLORIDA IN ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AS AMENDED (THE “FAA”). THE TERMS OF THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “RULES”) THEN IN EFFECT SHALL APPLY EXCEPT TO THE EXTENT THAT THEY CONFLICT WITH THE EXPRESS PROVISIONS OF THIS AGREEMENT. ARBITRATION SHALL BE CONDUCTED BY ONE (1) INDEPENDENT ARBITRATOR. THE PARTIES SHALL ENDEAVOR TO SELECT THE INDEPENDENT ARBITRATOR BY MUTUAL ARBITRATION; IF NOT, THE SELECTION OF THE ARBITRATION SHALL BE MADE IN ACCORDANCE WITH THE RULES. THE ARBITRATOR MAY, IN HIS OR HER DISCRETION, AWARD TO ANY PARTY SPECIFIC PERFORMANCE OR INJUNCTIVE RELIEF (PROVIDED, HOWEVER, THAT THE FOREGOING DOES NOT LIMIT THE TERMS OF THIS AGREEMENT AND BESTTEXT'S ACCESS TO THE COURTS AS PROVIDED BELOW). THE ARBITRATION MAY NOT CHANGE, MODIFY, OR REVISE ANY CONDITION OR PROVISION OF THIS AGREEMENT. EXPECT AS PROVIDED IN THE FAA, THE ARBITRATION AWARD WILL BE FINAL AND BINDING ON THE PARTIES AND NO APPEAL OF ANY KIND MAY BE TAKEN BY EITHER PARTY. JUDGMENT MAY BE ENTERED BY ANY COURT OF COMPETENT JURISDICTION. EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATION ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT AS A CLASS ACTION.

  5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. BestText respects the intellectual property of others, and we ask our users to do the same. BestText may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide the following information to BestText's Copyright Agent:

  6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  7. a description of the copyrighted work or other intellectual property that You claim has been infringed;

  8. a description of where the material that You claim is infringing is located on the site;

  9. Your address, telephone number, and email address;

  10. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  11. a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of claims of copyright or other intellectual property infringement should be addressed to: Claims Reviewer, 4260 NW 1st Ave Bay 57, Boca Raton, FL 33431, ATT: BestText. You may also email us:support@besttext.com.

  1. MISCELLANEOUS.

  2. Choice of Law and Forum. This Agreement and the relationship between You and BestText shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and BestText agree to submit to the personal and exclusive jurisdiction of the courts located within Miami, Florida.

  3. Relationship of the Parties. Nothing in this Agreement is intended by You or BestText to create or be construed as a joint collaborative venture, partnership, agency relationship, fiduciary relationship, or relationship of any kind between You or BestText, nor shall anything in this Agreement be construed as constituting or creating any agency relationship or joint or collaborative venture or partnership between You and BestText, its employees, or its agents.

  4. Waiver and Severability of Terms. The failure of BestText to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, and shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

  5. Non-Transferability. You agree that your BestText account is non-transferable, and this Agreement may not be assigned by You without BestText's prior written consent.

  6. Entire Agreement. This Agreement constitutes the entire agreement between You and BestText and governs Your use of the Service, superseding any prior agreements between You and BestText with respect to the Service. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other services from BestText.

  7. Headings. The headings in this Agreement are inserted merely for the purpose of convenience and shall not affected the meaning or interpretation of this Agreement.

  8. Attorney’s Fees and Costs. In any action to enforce the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs in connection with such action.

  9. Electronic Communications and Signatures. You agree to the use of electronic communications, including e-mail, to enter into agreements and place orders, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the Service. You also agree to waive any rights or requirements, to the extent permitted, under any laws or regulations that require an original signature or delivery or retention of non-electronic records.

  10. Force Majeure. BestText is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including without limitation fire, flood, earthquake, hurricanes or tropical storms, inclement weather, elements of nature or Acts of God, acts of war or terrorism, strike, pandemic, failure of underlying network services, power failure, governmental restrictions, or supply chain limitations.

  11. Notices. You shall make all notices to BestText under this Agreement in writing to 308 W Hallandale Beach Blvd, Hallandale Beach, FL 33009. Notices sent by You to BestText shall be deemed delivered upon receipt.