AI Technology Terms of Service

The following Terms of Service (the "Agreement") are entered into by and between Oaxsys,  ("Oaxsys") and the person or entity on whose behalf the Services (as defined below) are used or accessed (the "Subscriber") governing our platform services, including our programs, features, account portals, and technical support (the "Services"). For clarification, Subscriber includes both those who do and who do not pay for Services.Subscriber understands and acknowledges that Oaxsys (Texter-AI, Under 5 Lead Management, Conversa-bot) provides tools for Subscriber’s responsible use, and it is Subscriber’s sole responsibility for such use. Continued access and use of the Oaxsys Services is subject to Subscriber’s compliance with these Terms of Use. Oaxsys may monitor, but is not obligated to and bears no responsibility for, uploading of information, databases or audio messages. In addition to other requirements set forth in these Terms of Use, Subscriber agrees that it shall comply with all applicable laws and the following requirements.

Compliance with Applicable Telemarketing and Dialing Laws

Subscriber agrees that it shall comply with and abide by all applicable Federal and State laws, rules and regulations governing the use of automated or prerecorded/artificial calls or texts including but not limited to the Telephone Consumer Protection Act, the Telemarketing Sales Rule and accompanying Do-Not-Call regulations, and, without limitation, any and all current or future equivalent state telemarketing laws regulating the use of prerecorded or automated calls/texts, state do-not-call regulations, and state telemarketer registration requirements.

Subscriber shall provide accurate, correct, and truthful Caller ID information.

Subscriber shall provide all disclosures required by law.

Subscriber agrees and acknowledges that compliance with such laws is Subscriber’s sole responsibility.

Affirmative Consent Where Required

Subscriber acknowledges and understands that recipient consent is required for certain types of communications. Subscriber understands that there may be different “levels” of consent for different communications.

Without limiting the foregoing sections, if Subscriber does not have either consent or a business relationship with a recipient as required by applicable law or legally valid exemption from, or legally valid exception to, such laws, Subscriber shall not make that communication.

Subscriber (i) has and maintains personally or via a third-party the records to prove that Subscriber had the necessary consent, business relationship or legally valid exemption from, or legally valid exception to, such laws at the time of the communication and (ii) will provide certified copies of such records to Oaxsys promptly on Oaxsys’s email request.

Terms of Use I Privacy

The following Terms of Service (the "Agreement") are entered into by and between Oaxsys,  ("Oaxsys") and Texter-AI (“Texter-AI”) and the person or entity on whose behalf the Services (as defined below) are used or accessed (the "Subscriber") governing our platform services, including our programs, features, account portals, and technical support (the "Services"). For clarification, Subscriber includes both those who do and who do not pay for Services. If you do not agree to this Agreement, you are prohibited from using or accessing our Services. We may modify these terms at any time by posting the revised terms to our website. Your continued use of our Service means that you have accepted the changed terms.

Oaxsys may revise this Agreement and any other information contained in this website by updating this posting. Oaxsys may also make improvements or changes in Services at any time without notice.

General

This website and all content in this website (the "Site") may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Oaxsys's prior written consent, except that Oaxsys grants Subscriber non-exclusive, non-transferable, limited permission to access and display the Web pages within this Site. This permission is conditioned on Subscriber not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Subscriber’s failure to comply with this Agreement will result in automatic termination of any rights granted to Subscriber, without prior notice, and Subscriber must immediately destroy all copies of downloaded materials in Subscriber’s possession or control. Except for the limited permission in the preceding paragraph, Oaxsys does not grant Subscriber any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. Subscriber may not mirror any of the content from this Site on another website or in any other media.

Certain Disclaimers

Information on this website is not guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. Oaxsys assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, Subscriber should confirm the accuracy and completeness of all posted information before making any decision related to any Services.

Subscriber Data

Subscriber-owned data provided by Subscriber or which Subscriber makes available to Oaxsys in connection with Subscriber’s use of the Services (“Subscriber Data”) for the limited purpose of fulfilling Oaxsys’s obligations under this Agreement, including without limitation conducting research, development, usage monitoring, and other day-to-day business activities.

Usage Data

Subscriber acknowledges that Oaxsys may obtain certain usage, technical, and statistical data regarding Subscriber’s use of the Services and that such usage, technical, and statistical data is the sole property of Oaxsys and is not Subscriber Data. 

Confidentiality

During the performance of the Services, each party may disclose (the “Disclosing Party”) or receive (the “Receiving Party”) information of a confidential nature that is of value to the Disclosing Party, whether written or oral, that is:

marked as “confidential,” or with a similar designation;

identified by the Disclosing Party as confidential and/or proprietary before, during, or promptly after presentation or communication; or

disclosed to (or otherwise acquired by) Receiving Party in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances or from the nature of the information or data disclosed, that the information or materials should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used (“Confidential Information”).

Disclosure and Use:

Except as provided below or with the prior written consent of the Disclosing Party, the Receiving Party will not:

disclose any Confidential Information of the Disclosing Party other than on a need-to-know basis to its directors, officers, members, managers, employees, affiliates, attorneys, and contractors, solely to the extent and only for the purpose of performing or exercising the Receiving Party’s rights and obligations under this Agreement;

except as otherwise provided in this Agreement, use Confidential Information other than for fulfilling the obligations or exercising the rights of the Receiving Party under this Agreement;

allow others to make copies of such Confidential Information except as is reasonably necessary to fulfill the Receiving Party’s obligations or exercise its rights under this Agreement; or

remove or export any such Confidential Information in violation of any applicable law. The Receiving Party shall treat the Confidential Information of the Disclosing Party, and will cause its directors, employees, attorneys, affiliates, and contractors to treat such Confidential Information, with at least the same degree of care and protection as it would use with respect to its own Confidential Information of a similar nature, but in no event less than reasonable care.

The obligations set forth above shall not apply with respect to the use or disclosure of information:

previously known to the Receiving Party without obligation of confidence;

independently developed by or for the Receiving Party without use of or access to the Disclosing Party’s Confidential Information and without breaching this Agreement;

acquired by the Receiving Party from a third party which is not under an obligation of confidence with respect to such information; or

which is or becomes publicly available through no breach of this Agreement.

A Receiving Party may make a disclosure of Confidential Information if required either by applicable law or legal process (as a result of legal compulsion or in order to advance a defense to a claim), in response to a request by a governmental authority or in connection with a proceeding before a court, adversary proceeding, administrative proceeding, governmental or regulatory proceeding if:

the Receiving Party only discloses that portion of the Confidential Information reasonably required to be disclosed; and

unless prohibited by law, the Receiving Party provides reasonable notice to the Disclosing Party in advance of the disclosure so that the Disclosing Party may seek confidential treatment for the Confidential Information, a protective order or other appropriate remedy, relief or reliable assurances that confidential treatment will be afforded the information so disclosed at the sole cost and expense of the Disclosing Party or consent in writing to having the Confidential Information so produced or so disclosed (which consent will extend solely to the disclosure and production in question).

Return and Remedies

Upon the request of the Disclosing Party, or upon termination of this Agreement, Receiving Party will promptly return (or, with written permission from the Disclosing Party, destroy) all copies of any Confidential Information in its possession or control and, upon request, will acknowledge to the Disclosing Party in writing that such delivery or destruction has been fully effected. The Receiving Party acknowledges that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, the Receiving Party agrees that the Disclosing Party will have the right to obtain an immediate injunction enjoining any breach of the Disclosing Party’s confidentiality obligations, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.

Indemnification

Subscriber will defend (at Oaxsys’s option), indemnify, and hold Oaxsys and its affiliates, subsidiaries, successors, assignees, owners, directors, officers, employees, contractors, representatives, and agents (collectively, “Oaxsys Indemnitees”) harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or related to:

any breach or alleged breach of this Agreement, including the representations and warranties contained herein, by Subscriber,

Subscriber’s negligence or misconduct, or

Subscriber’s use of the Services or information obtained therefrom (including without limitation Subscriber transmitting or receiving communications through the Service).

If Oaxsys elects for Subscriber to provide defense, Subscriber will:

obtain legal counsel reasonably acceptable to Oaxsys;

permit Oaxsys to participate in the defense using separate counsel at Oaxsys’s cost; and

not settle any action without the prior written consent of Oaxsys (which may not be unreasonably withheld).

The foregoing indemnification obligations represent the sole indemnification protections intended, and the Parties waive all right to any other indemnification protections provided by common law, statute, or otherwise.

Warranty Disclaimer

USE OF THIS SITE AND SERVICES IS AT SUBSCRIBER’S SOLE RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. Oaxsys EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, Oaxsys MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SUBSCRIBER UNDERSTANDS AND AGREES THAT IF SUBSCRIBER DOWNLOADS OR OTHERWISE OBTAINS MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, SUBSCRIBER DOES SO AT SUBSCRIBER’S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR DAMAGE TO SUBSCRIBER’S COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES. IN THOSE INSTANCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Oaxsys OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Oaxsys HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Compliance with Law

Subscriber agrees to use the Services in accordance with all applicable federal, state, and local laws and regulations and industry standards. Without limiting the generality of the foregoing, Subscriber will use the Services in compliance with the Telephone Consumer Protection Act of 1991 (“TCPA”) and all regulations implementing the TCPA, other teleservices laws and regulations, and privacy and data security laws and regulations.

Subscriber acknowledges that all calls are recorded on the platform. Without limiting the generality of the foregoing, Subscriber agrees to comply with all state recording and wiretapping laws.

Subscriber bears sole responsibility for compliance with applicable laws and regulations and sole liability for any and all communications sent using the Services.

Third Party Content + Sites

The Service may contain or may interact with or otherwise be associated with third party platforms, services, plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by Oaxsys (collectively, "Third Party Services"), including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Oaxsys. Oaxsys may also host our content, apps and tools on Third Party Services. Oaxsys is not responsible for the content of any Third Party Services. Subscriber’s use of a Third Party Service linked from the Service is at Subscriber’s own risk and will be governed by such third party's terms and policies.

References on the Service to any names, marks, products, or services of third parties, or links to Third Party Services or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. 

Relationship of the Parties

The parties hereto are independent contractors. Neither party is an employee, agent, partner, or joint venture of the other. Neither party shall have the right to bind the other to any agreement with a third party or to incur any obligation or liability on behalf of the other party.

Dispute Resolution

Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement or any breach, termination, or validity thereof (a “Dispute”) shall be solely and exclusively resolved by arbitration. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including provisions for the resolution of consumer disputes, if applicable (the “Arbitration Rules”). The arbitration shall be conducted in Santa Fe County, New Mexico before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Either party may bring a Dispute in small claims court in Santa Fe County, New Mexico to the extent permitted by the Arbitration Rules. If the amount in controversy is less than $10,000, the parties agree that the Dispute will be decided on the basis of written submissions without a hearing. The decision of the arbitrator will be final without an option to appeal. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees shall be divided in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THIS AGREEMENT AND USING THE SERVICES, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW OR BEFORE A JURY. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

Security

The Company maintains a formalized information security policy to comply with various regulatory and business requirements. This security policy protects all sensitive and confidential data stored, accessed, or transmitted by our software platform, including its applications, components, infrastructure, and underlying code.

The Company has designed a risk assessment program to assess the organization’s enterprise-level risk at least annually or upon significant changes to the environment. This program is designed to identify and assess threats to and vulnerabilities in systems and in service.

The Company takes responsibility for implementing appropriate technical and organizational safeguards to ensure the protection of sensitive information. Employees of the Company are required to read and accept the terms of a confidentiality agreement upon hire that states they are prohibited from disclosing any company data from the systems and system components to which they have access.

The Company maintains strict control access to restrict private information to privileged users. These users are required to abide by their assigned responsibilities related to their elevated access.

The Company has established a Data Handling, Retention, and Disposal Program to manage information in accordance with applicable laws, regulations, policies, and standards. This program establishes a formal data retention schedule and implements a data classification standard to ensure the confidential data is secured.

The Company retains sensitive and confidential data only for as long as necessary to fulfill its purposes unless otherwise required by law or to meet legal and client contractual obligations.

The Company segments its network to prevent direct or unauthorized connections between an external network and its information systems, in particular confidential data in cloud environments.

The Company maintains a vulnerability management program to ensure the confidentiality, integrity, and availability (CIA) of the organization’s information systems landscape, which includes all critical system resources. The program includes internal and external scans, penetration testing, and issue remediation for the purposes of identifying, detecting, classifying, prioritizing, remediating, validating, and continuously monitoring vulnerabilities.

The Company conducts independent third-party penetration tests at least annually on any systems with Confidential data or with a critical risk rating to identify security vulnerabilities.

Governing Law

This Agreement is governed according to the laws of the State of New Mexico, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought exclusively in the state or federal courts located in Santa Fe County, New Mexico, and the parties agree to the jurisdiction thereof.

Export Laws and International Privacy

Subscriber agrees to fully comply with all U.S. and other applicable export laws and regulations. Subscriber is not permitted to use the Services in connection with the processing of personal data of an EU, EEA, UK, or Swiss data subject or of any person located outside the United States of America.

Severability and Survivability

If a court of competent jurisdiction holds any provision of this Agreement to be contrary to law or public policy or otherwise unenforceable, the remaining provisions shall remain in full force and effect; and the invalid provision shall remain in force as reformed by the court. Portions of this Agreement which by their nature would survive termination thereof (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive.

Waiver

No term or provision of this Agreement shall be deemed waived, and no breach consented to or excused unless such waiver, consent, or excuse is in writing and signed by the party claiming to have waived, consented, or excused. Should either party consent, waive, or excuse a breach by the other party, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach whether or not of the same kind as the original breach.

Miscellaneous

Each party represents and warrants to the other party that such party has the legal power to enter into this Agreement, that the signatory hereto has the authority to bind the applicable party, and this Agreement will constitute a legal, valid, and binding obligation of each party in accordance with its terms. Except for the payment of fees by Subscriber, if either party is rendered unable, wholly or in part, to carry out its obligations hereunder due to a force majeure event (i.e., act of God, strike, industrial disturbance, fire, storm, flood, epidemic/pandemic, utility failure, governmental restraint, war, or another similar event), such party’s obligations under this Agreement will be suspended during the force majeure event. Subscriber agrees that ambiguities in this Agreement will not be construed against Oaxsys by attribution of drafting. Oaxsys may assign any of its rights or obligations to others at any time without notice to Subscriber. Subscriber may not assign any of its rights or obligations to others without Oaxsys’ prior written consent.

Earnings Disclaimer:

Please be aware that any discussions regarding potential earnings or income through the use of our conversational AI technology are estimates and speculative in nature, offering no guarantee of specific results or levels of success. Our assertions strictly concern the technical capabilities of our AI technology, without implying potential revenue, implementation outcomes, or distribution success. The effectiveness and success you realize with our technology are significantly influenced by many factors including but not limited to, your business model, execution strategies, lead sources, and other individual factors outside our purview.

Individual outcomes can vary widely, influenced by personal dedication, business acumen, expertise, and notably, the quality and effectiveness of your lead sources. We offer no assurances that examples of past earnings will be repeatable in your specific situation. Testimonials and instances of exceptional results are not indicative of average experiences and should not be interpreted as guarantees of comparable success.

We disclaim responsibility for your decisions and the consequences of those decisions, including those related to the use of our technology. By engaging with our products and services, you recognize that achieving success is reliant upon your own efforts, decision-making, and the quality of your lead sources. You agree that our company bears no liability for any successes or failures encountered as a result of utilizing our conversational AI technology.

[email protected]

Privacy Policy

LAST UPDATED SEPTEMBER 29, 2025

Introduction

This page (“Privacy Policy” or “Policy”) provides our policies and procedures for collecting, using and disclosing your information and outlines the security measures we’ve put in place to protect the information that you store using Texter-AI's ("Texter-AI") a subsidiary of Oaxsys SMB Services and Automations, services, including the services made available through this website, and any other software or services offered by Texter-AI in connection with such services (the “Services”). By using these Services, you consent to the collection, transfer, processing, storage, disclosure and other uses of your information described in this Privacy Policy.

What information does Texter-AI collect and store?

Personal Information

When expressing an interest in obtaining additional information about the Services or registering to use the Services, Texter-AI requires you to provide your personal contact information, such as your name, company name, address, phone number, and email address (these are referred to below as your “Personal Contact Information”). When purchasing the Services, Texter-AI also requires you to provide financial and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”).

Data, Diagnostic & Login Information

Using Texter-AI’s Services, you will be able to create, upload, store and share information such as company description, email ID, logo, photos, custom emails, user email IDs, etc. (this is collectively referred to below as “Data”). This information will be stored and maintained on Texter-AI’s website. If you run into technical errors in the course of using the Services, Texter-AI may request your permission to obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, browser version (and .NET version information in case of Windows systems), and your email address, if provided. Additionally, certain login information is maintained in a cookie stored locally on your computer (i.e. not on a server) in order to streamline the login process (“Login Information”).

Analytics Information

As you navigate Texter-AI's website and use our Services, Texter-AI may also collect information through the use of frequently used information-gathering tools, such as cookies and Web beacons (“Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on Texter-AI's website (such as web pages viewed and links clicked). Collectively, this information is referred to as “Analytics Information.”

Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to your website or other websites.

Google's use of advertising cookies enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.

Users may opt out of personalized advertising by emailing [email protected]

.

Geo-Location Information

Texter-AI does not collect any information regarding your real-time geo-location while using the Services; however, it may do so at some point in the future. We will request your permission before collecting such information.

What does Texter-AI do with the information it collects?

Texter-AI uses the information it collects in the following ways:

Personal Contact Information – We use this information primarily to administer our Services to you and provide you with updates and product announcements. Per the Privacy and Conditions, we may use some of your information for marketing purposes, as explained below.

Billing Information – Texter-AI does not store any Billing Information on its servers. Instead, we use a payment provider, Stripe (

www.stripe.com

), to store and process all payment-related transactions. Find information regarding Stripe’s privacy policy here.

Data, Diagnostic Information and Login Information – We use this information solely for the purpose of administering and improving our Services to you.

Analytics Information – Texter-AI may use your Analytics Information in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, to increase the Services’ functionality and user-friendliness, and to verify users have the authorization required for the Services to process their requests.

Sharing & Disclosure of Private Information

Third Party Applications and Your Use

Texter-AI provides users with the ability to link to their Data on third-party sites such as Facebook, Twitter, and LinkedIn. Such linking is at the complete discretion of users. Because of this, Texter-AI cannot be held responsible or liable for the linking of user’s Data to such third-party sites, nor for how these third-party sites use such links.

Marketing and Publicity

Per our Privacy and Conditions, you agree to permit Texter-AI to identify you as a customer and to use your name and/or logo in Texter-AI's website and marketing materials.

Sale of Personal Information

Texter-AI does not sell, rent, or trade your private information to any third parties in any way.

Service Providers and Business Partners

Texter-AI may use certain trusted third-party companies and individuals to help us provide, analyze, and improve the Services (including, but not limited to, data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Services’ features). These third parties may have access to your information strictly for the purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.

Non-Private or Non-Personal Information

We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Services, in our discretion.

Our Use And Disclosure of Information

Texter-AI will not disclose any personally identifiable information about any individual except as set forth in this Privacy Policy. This applies to information about our customers and information our customers provide to us about their customers. We are not limited in any way in our use of non-personal information that does not permit direct association with any specific individual or non-identifiable aggregate information about our users (such as the number of customers who use our services, the geographic distribution of our users, the amount of information located and/or removed, etc.).

Internal Uses of Your Personally Identifiable Information

We collect, store and process your personally identifiable information on servers located in the United States. Due to the unpredictable nature of Internet routing, your information may pass through other countries while in transit to our servers. We use the information we collect about you to:

Develop and deliver our servicesProcess your transactionsProvide customer service and manage your accountImprove our products, services and marketing.

We provide access to personally identifiable information about our users only to those who require it for the above purposes.

Texter-AI will not sell or rent any of your personally identifiable information to third parties. Texter-AI will not share any of your personally identifiable information with third parties except in the limited circumstances described below.

We share information with service providers under contract who help with our business operations such as payment and order processing, fraud investigation, bill collection, and information management and analytics. If content generation is included in your services, we may share information with service providers under contract to create, edit and/or publish such content. These third parties are obligated to protect your information and are contractually prohibited from using your personally identifiable information for any other purpose. They are never permitted to share your information with any third parties. They are authorized to use your personal information only as necessary to provide these services to Texter-AI.
When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

We disclose information that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity, to conduct investigations of violations of our Privacy of Use and/or to protect our right, protect your safety and the safety of others. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we reserve the right to provide that person or entity’s contact information (but not bank account or credit card information) to victims who request it.

We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. If the subpoena seeks information about an identified subscriber or limited group of subscribers, we will make reasonable business efforts to contact the subscriber(s) before providing information to the party that requests it. We cannot guarantee that we will be able to do so in all cases, whether due to a time limit, court order, inability to effectively contact a subscriber, or other circumstances.

When a user signs up for a co-branded version of our service through links to Texter-AI.com from our co-branded partner’s website, Texter-AI will share with the co-branded partner that user’s name, e-mail address and physical address in order to provide enhanced integration between Texter-AI services and the services of our co-branded partner. If you do not want your information shared with Texter-AI's co-branded partner, sign up for Texter-AI directly through Texter-AI.com and other sub-domains and not through a link from our partner’s website.

We disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).

We share information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our products, services and advertising. It will not be shared with third parties for their marketing purposes. These third parties are contractually obligated to protect your information and are prohibited from using your personally identifiable information for any other purpose.

As with any other business, it is possible that in the future, Texter-AI could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by Texter-AI, including customer account information, but would continue to be bound by this Privacy Policy until it is amended.

We share your information with our parent, subsidiaries and joint ventures to help coordinate the services we provide to you, enforce our terms and conditions, and promote trust and safety.

The implementation of our Services, by its very nature, may require using your personally identifiable information to locate other information about you. Such use may include, but not be limited to, using your information to search the publicly accessible Internet sites as well as searching private information databases and sites.

The implementation of our Services, by its very nature, may require revealing your personally identifiable information in order to effect removal of Internet content about you. For example, we may have to disclose your name to a website in order to notify them to remove Internet content about you. This occurs with your express permission for a specific, given purpose.

Internal Uses of Your Personally Identifiable Information

We will retain your information for as long as your account is active or as needed to provide you the Services. If you wish to cancel your account or request that we no longer use your information to provide you the Services, you may delete your account (this will be done by Texter-AI's customer care team). If you delete your account, your Data will no longer be stored on our servers. While we try to delete your Data from our servers as quickly as possible, please be aware that there may be a delay from the time you delete your account to the time that your Data is removed, and that some of your Data may continue to exist for a period in backup copies.

Changes To Privacy Policy

If we decide to make material changes to our Privacy Policy, we will notify you by e-mail through the primary e-mail address specified in your account and/or post those changes to this Privacy Policy on the Website homepage prior to the changes taking effect. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you.

You are also responsible for regularly reviewing the Privacy Policy and related documents. We reserve the right to modify this Privacy Policy at any time. No amendment to or modification of this Policy will be binding unless in writing and signed by a duly authorized representative of Texter-AI, or posted to the Site by a duly authorized representative of Texter-AI.

In the event that Texter-AI goes through a business transition, such as a merger, an acquisition by another company, or a sale of a portion of its assets, users' personally identifiable information will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the site for 30 days after a change of ownership or control of their personally identifiable information. If, as a result of the business transition, a user’s personally identifiable information will be used in a manner different from that stated at the time of collection, users will be given a choice consistent with our notification of changes section.

If you reside in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland, or Switzerland, you may have additional rights with respect to your personally identifiable information (otherwise known as Personal Data). These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”), if you are a resident of the EU, United Kingdom, Lichtenstein, Norway, or Iceland. “Personal Data” is any data that relates to an identified or identifiable natural person. Examples of Personal Data include identifiers such as name, location data, and unique online identifiers.

In addition to the principles, practices, and policies set forth above in this Privacy Policy, Texter-AI has adopted the following principles to govern its collection and processing of Personal Data:

Personal Data shall be processed lawfully, fairly, and in a transparent manner.The Personal Data collected will only be those specifically required to fulfill Texter-AI's obligations to deliver the Texter-AI service. Personal Data shall only be retained for as long as it is required to fulfill contractual requirements. Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept up to date. The data subject has the right to request from Texter-AI access to and rectification or erasure of their Personal Data, to object to or request restriction of processing concerning the data, or to the right to data portability. In each case, such a request must be put in writing to Texter-AI.

About the California Consumer Privacy Act (CCPA)

Effective on January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents to obtain certain information collected by the business with whom they have established business relationships.

If you are a California resident, you may exercise certain rights to access, restrict, or delete your personal information by submitting a request through this link.

Community

Our Services may include publicly accessible community services such as blogs, forums, and wikis. Please be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts on these communities may remain even after you cancel your account.

Questions, Complaints, and Contacts

If you have any questions regarding this Privacy Policy, please contact us at

[email protected]

, or by U.S. mail at the address below:

Texter-AI, LLC. P.O. Box 526 Glorieta, NM 87535

Attn: J. Warner

About the California Consumer Privacy Act (CCPA)

Effective on January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents to obtain certain information collected by the business with whom they have established business relationships.

If you are a California resident, you may exercise certain rights to access, restrict, or delete your personal information by submitting a request through this link.

Community

Our Services may include publicly accessible community services such as blogs, forums, and wikis. Please be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts on these communities may remain even after you cancel your account.