Terms of Service
Terms of Service Last Updated: March 23, 2025 1. Acceptance of Terms By accessing or using TextMarley.com or the TextMarley reminder texting service (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). This includes, without limitation, sending text messages to our service number to schedule reminders. If you do not agree with any part of these Terms, you must not use the Service. These Terms constitute a binding agreement between you (“you” or “User”) and TextMarley (“we,” “us,” or “our”). PLEASE READ THESE TERMS CAREFULLY. 2. Service Description TextMarley is a U.S.-based text message reminder service that allows users to schedule personal reminders via SMS. Users can text a reminder request (for example, “remind me in 30 minutes”) to our service, and TextMarley will schedule and send a corresponding reminder text message at the requested time. We use a third-party provider, Twilio, to facilitate sending and delivering SMS messages . The Service is currently provided free of charge (standard carrier messaging rates may apply, see Section 5). No user accounts or profiles are required – the only piece of personal data we collect is your mobile phone number, which is used to send you your reminder. The Service is intended for use within the United States only, and message delivery to non-U.S. numbers is not supported or guaranteed. Important: TextMarley is a convenience tool for personal reminders. Do not rely on TextMarley for any time-critical or emergency needs. We do not guarantee that any reminder will be sent or received on time, or at all. The Service should not be used for any purpose where a failed or delayed reminder could result in harm, loss, or injury. TextMarley is not a substitute for professional services or urgent alert systems. 3. Eligibility You must be at least 13 years old to use the Service. By using TextMarley, you represent that you are 13 or older. If you are between 13 and 17, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Service is not intended for children under 13, and we do not knowingly provide the Service to such individuals. You also represent that you are using the Service for yourself on a phone number that you own or have authority to use. The Service is intended for residents of the United States; if you are outside the U.S., you understand and agree that you are using the Service on your own initiative and that your information will be transmitted and stored in the U.S. 4. User Obligations and Acceptable Use By using TextMarley, you agree to use the Service only for lawful, personal purposes. You agree not to: • Use the Service in any manner that violates any applicable law or regulation (including privacy, data protection, and telephone consumer protection laws). • Send reminder requests containing unlawful, harassing, libelous, threatening, or abusive content, or any content that you do not have the right to transmit. You are solely responsible for the content of the reminders you schedule through our Service. • Attempt to use the Service to send unsolicited messages or spam to yourself or others. (Note: TextMarley is designed for one-to-one personal reminders; it does not support mass messaging.) • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity when interacting with our Service. • Interfere with or disrupt the Service or servers/networks connected to the Service, including by transmitting any worms, viruses, malware, or any code of a destructive nature. • Attempt to gain unauthorized access to any part of our systems or networks related to the Service, or to extract or scrape any data from the Service. We reserve the right to suspend or terminate your access to the Service (including blocking your number) without notice if we determine, in our sole discretion, that you have violated these Terms or are otherwise using the Service in an abusive or inappropriate manner. 5. SMS Messaging Terms and User Consent TextMarley’s functionality is based on SMS text messaging. By using the Service, you consent to receive SMS text messages from us in order to fulfill the reminders you request. Standard message and data rates may apply to any messages we send, as determined by your mobile carrier and plan . TextMarley itself charges no separate fee for sending reminders, but you are responsible for any charges from your carrier for SMS usage. Opt-In: You initiate reminders by texting our service. This initial message serves as your opt-in consent to receive the corresponding reminder message (and any necessary confirmation or scheduling messages) . We will not send you marketing texts or any unsolicited messages; you will only receive messages that you have requested (plus any administrative or support communications specifically related to your use of the Service). Opt-Out: You can opt out of the Service at any time. To stop receiving all text messages from TextMarley, simply reply “STOP” to any TextMarley message you receive . After we receive a STOP message, we will send a final confirmation text and cease sending you further messages. If you later decide to use TextMarley again, you may need to text us again or contact support to re-initiate service. For help or questions about the Service via SMS, you may reply “HELP” or contact our support (see Section 12 for contact details). Messaging Frequency: TextMarley sends messages on-demand based on your requests. You will receive one reminder message for each reminder you schedule (and possibly a confirmation message immediately after scheduling, depending on how the Service operates). We do not send recurring automated messages unless you explicitly schedule recurring reminders in the future (a feature which may or may not be available). In any case, you will only receive messages that you have personally initiated or consented to. No Guarantee of Delivery: While we strive to deliver your reminder messages promptly and reliably, message delivery is not guaranteed and may be delayed or prevented by factors outside our control . These factors may include (but are not limited to) issues with your mobile carrier’s network, connectivity problems, carrier filtering or blocks, phone storage limitations, or outages in the third-party services (such as Twilio) that we use to send messages. You acknowledge that there can be circumstances where a scheduled reminder text is not delivered on time or at all, and agree that TextMarley is not liable for any losses or inconvenience arising from such delays or failures (see Section 10 on Limitation of Liability). 6. Intellectual Property All content and materials available on TextMarley.com or communicated through the Service, including but not limited to the TextMarley name, logos, designs, text, graphics, software, and other files, are the property of TextMarley (or its licensors) and are protected by United States intellectual property laws. TextMarley grants you a limited, non-exclusive, non-transferable license to use the Service solely for your personal, non-commercial use in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, or transmit any part of the Service or its content without our prior written permission. You retain ownership of the content of the reminder messages you submit to the Service (i.e., the text that you input as the reminder). However, by submitting any content via SMS to TextMarley, you grant us a license to process and use that content for the purpose of delivering the Service (for example, storing the message and sending it back to you as a reminder at the scheduled time). We do not claim any ownership of your reminder content, and this license is only to the extent necessary to operate and improve the Service. 7. Privacy Your privacy is very important to us. The only personal data we intentionally collect from you is your mobile phone number (and the content of the reminders you send). We explain our data practices in detail in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you also agree to the terms of the Privacy Policy. In summary, TextMarley does not sell your information or share it with third parties for their independent use . We use your phone number and messages only to provide the Service (e.g., to schedule and send you your reminder) and for internal purposes to improve and secure the Service. We utilize Twilio as a third-party SMS delivery provider, which means your phone number and message content will be transmitted through and processed by Twilio’s platform . Twilio acts as our service provider and processes your data only to help us deliver the SMS reminders. For more details on how we collect, use, and protect your information, please review our Privacy Policy. 8. Termination We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach any of these Terms or if we are required to do so by law or due to network/service provider issues. Upon any termination of your access, your right to use the Service will cease immediately. You may also discontinue use of TextMarley at any time by simply not using it or by texting “STOP” to cancel future messages. Sections of these Terms which by their nature should survive termination (such as Indemnification, Disclaimers, Limitation of Liability, Governing Law) will survive. 9. Disclaimer of Warranties TextMarley is provided “AS IS” and on an “AS AVAILABLE” basis. To the maximum extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, regarding the Service. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that the Service will be uninterrupted, error-free, or completely secure. Your use of the Service is at your own risk. While we endeavor to provide a useful and reliable service, we make no warranty or guarantee that the reminders will be delivered at the exact time or that they will always be delivered successfully, or that any defects in the Service will be corrected. We are not responsible for any issues attributable to the systems of mobile carriers or other third-party services we use. You understand and agree that any material or data obtained through the use of the Service (such as receiving reminder texts) is done at your own discretion and risk. 10. Limitation of Liability To the fullest extent permitted by applicable law, in no event will TextMarley, its creators/owners, affiliates, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Service. This includes, without limitation, damages for lost profits, lost opportunities, lost data, personal injury, or any other intangible losses, even if we have been advised of the possibility of such damages. In no event will our total cumulative liability for any claims arising out of or relating to these Terms or the Service exceed the amount of fifty U.S. dollars (USD $50.00) or the amount you have paid us in the past six months for the Service (if any), whichever is greater. The foregoing limitations of liability apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation/exclusion of liability for incidental or consequential damages. To the extent that such laws apply, some of the above disclaimers or limitations may not apply to you, and in such cases TextMarley’s liability will be limited to the greatest extent permitted by law. 11. Indemnification You agree to indemnify, defend, and hold harmless TextMarley and its owners, officers, agents, partners, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of any provision of these Terms; (c) your violation of any applicable law or regulation in connection with your use of the Service; or (d) any content that you transmit through the Service (including the content of the reminders you schedule) that may infringe, violate, or misappropriate any rights of any other party. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (in which event you will cooperate with us in asserting any available defenses). This obligation will survive any termination of your use of the Service or these Terms. 12. Modifications to the Terms We may modify or update these Terms of Service from time to time. If we make material changes, we will post the revised Terms on our website (and update the “Last Updated” date at the top). It is your responsibility to review these Terms periodically for any changes. Your continued use of the Service after any modifications to the Terms have been posted will constitute your acceptance of the revised Terms. If you do not agree to any updated Terms, you must stop using the Service. 13. Governing Law and Dispute Resolution These Terms of Service and any dispute or claim arising out of or related to the Service or these Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States, without regard to its conflict of law principles. You agree that any dispute arising from or relating to the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Massachusetts, and you consent to the personal jurisdiction of such courts. Notwithstanding the foregoing, we retain the right to seek injunctive or equitable relief in any jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of our intellectual property or proprietary rights. 14. Miscellaneous Entire Agreement: These Terms (along with the Privacy Policy) constitute the entire agreement between you and TextMarley regarding your use of the Service, and supersede any prior agreements or understandings between us. Waiver and Severability: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law. No Third-Party Beneficiaries: These Terms do not confer any rights or remedies on any third party, other than our affiliates or as expressly set forth herein. Headings: Section headings in these Terms are for convenience only and have no legal or contractual effect. 15. Contact Information If you have any questions, concerns, or comments about these Terms of Service or the Service itself, please contact us at: TextMarley Support Email: support@textmarley.com We will do our best to address your inquiry promptly. By using our Service, you acknowledge that you have read, understood, and agree to these Terms of Service, including any future modifications. Thank you for choosing TextMarley![Full Terms of Service text]