Terms and Conditions

Terms and Conditions

Last updated October 13, 2026

1. Introduction

Welcome to Texts4Biz ("Texts4Biz," "we," "us," or "our"), a service owned and operated by Palate Inc.

These Terms and Conditions ("Terms") govern your access to and use of our website, www.texts4biz.com, and all associated messaging, marketing, communication, and software services (collectively, the "Services").

By accessing, registering for, or using Texts4Biz, you agree to be legally bound by these Terms and our Privacy Policy.

If you do not agree, you must discontinue use of our Services.

2. Description of Services

Texts4Biz provides business communication and marketing solutions, which may include:

  • SMS and MMS messaging
  • Bulk text messaging campaigns
  • Email marketing and automation
  • Customer contact and subscriber management
  • Automated notifications and marketing campaigns
  • Communication analytics and reporting
  • Customer engagement and related integrations

Features may be modified, improved, restricted, or discontinued at our discretion, subject to applicable law and contractual commitments.

3. Account Registration and Responsibilities

To access certain features, users must create an account and provide accurate, complete, and current information.

By registering, you agree to:

  • Be at least 18 years old and legally authorized to enter into this agreement.
  • Maintain the confidentiality of your account credentials.
  • Accept responsibility for activities conducted through your account.
  • Notify us promptly of unauthorized account access.
  • Use our Services only for lawful business purposes.

We may suspend or terminate accounts that violate these Terms or applicable laws.

4. Acceptable Use

You agree not to use Texts4Biz to:

  • Send spam, unsolicited communications, or unauthorized marketing messages.
  • Engage in fraud, phishing, impersonation, or deceptive marketing.
  • Distribute malicious software or harmful content.
  • Send unlawful, threatening, abusive, or otherwise prohibited materials.
  • Violate telecommunications, consumer protection, privacy, or marketing regulations.
  • Circumvent carrier restrictions, messaging limits, or security measures.
  • Use purchased, scraped, or improperly obtained contact lists without the required lawful permission to contact recipients.

Texts4Biz reserves the right to investigate suspected violations, restrict messaging activity, or suspend accounts when necessary.

5. SMS and MMS Messaging Compliance

Customers using our SMS and MMS Services are responsible for complying with applicable laws, regulations, and industry requirements, including, where applicable:

  • The Telephone Consumer Protection Act (TCPA)
  • Federal Communications Commission (FCC) regulations
  • CTIA Messaging Principles and Best Practices
  • Applicable state telecommunications and consumer protection laws
  • Canada's Anti-Spam Legislation (CASL), when applicable

Customers must:

  1. Obtain all legally required consent before sending messages.
  2. Maintain accurate records of recipient consent.
  3. Clearly identify the business or organization sending messages.
  4. Provide legally required opt-out instructions.
  5. Honor STOP and other valid withdrawal-of-consent requests promptly and within applicable legal deadlines.
  6. Avoid messaging recipients who have withdrawn consent.
  7. Comply with applicable restrictions on messaging frequency, timing, and content.

Texts4Biz may block, filter, or suspend messaging activity that violates these requirements.

Customers remain responsible for ensuring their messaging campaigns comply with applicable law, even when using Texts4Biz automation features.

6. Email Marketing Compliance

Customers using Texts4Biz email marketing features agree to comply with applicable laws, including the CAN-SPAM Act and CASL, where applicable.

Customers must ensure that commercial emails:

  • Include accurate sender and business identification.
  • Use truthful subject lines and message content.
  • Include a valid physical postal address when required.
  • Provide a clear and functional unsubscribe mechanism.
  • Honor unsubscribe requests within legally required deadlines.
  • Do not target recipients where sending is prohibited by applicable law.

Customers are responsible for maintaining lawful contact lists, observing unsubscribe requests, and ensuring that their email communications comply with applicable requirements.

Texts4Biz may suspend sending privileges in response to excessive complaints, high bounce rates, suspected spam, or violations of these Terms.

7. Consent and Subscriber Management

Customers represent and warrant that they have obtained all consents, permissions, and other legal authorizations required to collect, store, process, and contact their subscribers.

Customers are responsible for the accuracy, quality, and lawful collection of their subscriber information.

Texts4Biz may require customers to provide documentation demonstrating consent or lawful authorization to send communications.

Failure to provide adequate documentation may result in account restrictions or suspension.

8. Message Delivery and Third-Party Providers

Texts4Biz relies on third-party telecommunications carriers, messaging providers, email infrastructure providers, and other service partners.

We do not guarantee:

  • Successful delivery of every SMS, MMS, or email.
  • Immediate transmission or delivery.
  • Availability of all phone numbers or messaging services.
  • Uninterrupted access to third-party networks.
  • Specific deliverability, response rates, or marketing results.

Messages may be delayed, blocked, filtered, or rejected by carriers or service providers.

Texts4Biz is not responsible for delivery failures outside our reasonable control.

9. Payments, Subscriptions, and Billing

Certain Texts4Biz features require payment through subscriptions, usage-based fees, or other agreed pricing arrangements.

By purchasing Services, you agree that:

  • Applicable fees will be disclosed through your selected plan, invoice, or service agreement.
  • Usage-based messaging charges and applicable carrier fees may apply.
  • You are responsible for applicable taxes unless otherwise required by law.
  • Payments may be processed through authorized third-party payment providers.
  • Renewals, if applicable, will follow the billing terms disclosed when you subscribe.

Unless otherwise required by law or expressly agreed in writing, fees already paid are non-refundable.

Failure to make timely payments may result in service restrictions or suspension following any legally required notice.

We may modify pricing upon reasonable notice, subject to existing contractual commitments.

10. Customer Data and Privacy

Customers retain their rights to the contact lists, subscriber information, campaign content, and other materials they lawfully upload or submit to Texts4Biz.

By using our Services, customers authorize Texts4Biz and its service providers to process such information as necessary to provide, maintain, secure, and support the Services and as otherwise described in our Privacy Policy.

Customers are responsible for ensuring that they have the appropriate legal rights and permissions to provide this information.

Our collection, use, retention, and disclosure of personal information are governed by our Privacy Policy.

11. Intellectual Property

Texts4Biz and its licensors retain all ownership rights in the software, website, platform design, trademarks, documentation, and underlying technologies.

Customers receive a limited, non-exclusive, non-transferable right to use the Services during their authorized subscription or account term.

Customers may not copy, resell, reverse engineer, sublicense, or commercially exploit our software except where expressly permitted by law or written agreement.

Customers retain ownership of their original campaign content and materials.

12. Service Availability and Maintenance

We strive to maintain reliable and secure Services.

However, the platform may occasionally become unavailable due to:

  • Scheduled maintenance
  • Software updates
  • Infrastructure outages
  • Third-party service interruptions
  • Security incidents
  • Events beyond our reasonable control

We do not guarantee uninterrupted or error-free operation.

13. Account Suspension and Termination

Texts4Biz may suspend or terminate access when reasonably necessary due to:

  • Violations of these Terms
  • Suspected fraudulent or unlawful activity
  • Excessive spam complaints
  • Carrier or regulatory restrictions
  • Nonpayment
  • Threats to platform or network security

Customers may request account cancellation by contacting our support team or using available account-management features.

Termination does not eliminate outstanding payment obligations or liabilities incurred before termination.

Following termination, data may be retained or deleted in accordance with applicable law, our Privacy Policy, and relevant contractual obligations.

14. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Texts4Biz provides its Services on an "as is" and "as available" basis.

We disclaim implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimers are prohibited by law.

Texts4Biz does not guarantee increased sales, customer engagement, revenue, or other business outcomes resulting from use of the Services.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Palate Inc, Texts4Biz, and their respective affiliates, officers, employees, and service providers shall not be liable for indirect, incidental, consequential, special, or punitive damages arising from use of the Services.

This includes loss of profits, business opportunities, anticipated savings, or data, subject to applicable law.

To the extent legally permitted, our aggregate liability arising from or relating to the Services shall not exceed the total amount paid by the customer to Texts4Biz during the twelve months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

16. Indemnification

To the extent permitted by law, customers agree to defend, indemnify, and hold harmless Palate Inc and Texts4Biz from third-party claims, damages, liabilities, and reasonable legal expenses arising from:

  • Unlawful or unauthorized messaging campaigns
  • Failure to obtain legally required recipient consent
  • Violations of applicable privacy or marketing laws
  • Customer-provided content that infringes third-party rights
  • Material breaches of these Terms

This provision does not apply to the extent a claim results from Texts4Biz's own unlawful conduct or where prohibited by applicable law.

17. Third-Party Services and Integrations

Our platform may integrate with third-party applications, payment processors, communications providers, and other service providers.

Those services may operate under separate terms and privacy policies.

Texts4Biz is not responsible for third-party products or services except to the extent required by applicable law or expressly agreed in writing.

18. Changes to These Terms

We may update these Terms to reflect changes in our Services, business operations, or legal requirements.

Updated Terms will be published on our website with a revised effective date.

Where legally required, we will provide advance notice or obtain renewed consent.

Continued use of the Services after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.

19. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, United States, without regard to conflict-of-law principles.

Before initiating formal legal proceedings, the parties agree to make reasonable efforts to resolve disputes informally.

Subject to applicable law, disputes that cannot be resolved informally shall be brought before the appropriate state or federal courts located in New York County, New York.

20. General Provisions

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain effective.

Failure to enforce a provision does not constitute a waiver of that provision.

Customers may not transfer their contractual rights or obligations without our prior written consent, except where applicable law provides otherwise.

These Terms, together with the Privacy Policy and any applicable signed service agreement or order form, constitute the agreement governing use of the Services. Where a signed agreement expressly conflicts with these Terms, the signed agreement controls for that conflict.

21. Contact Information

For questions about these Terms and Conditions, please contact:

Palate Inc – Texts4Biz
218 Lafayette Street
2nd Floor
New York, NY 10012
United States

Email: info@texts4biz.com

Website: www.texts4biz.com

© 2026 Texts4Biz. All rights reserved.