Terms of Service

1. Scope

These terms govern your use of the Textly mobile application ("the App") and this website, provided by the operator of gettextly.app, reachable at hi@gettextly.app, ("we", "us"). By installing or using the App, you agree to these terms. If you do not agree, please do not use the App.

Distribution through Google Play is additionally subject to the Google Play Terms of Service between you and Google.

2. The service

Textly is a client application for sending, receiving and managing messages on your Android device. On Android it handles SMS and MMS through your device and mobile subscription, a capability iOS does not make available to third-party apps.

Textly is not a messaging network and does not transmit messages itself. SMS and MMS are sent and delivered by your mobile network operator. We operate no messaging infrastructure, provide no telecommunications service and give no guarantee regarding the delivery, timeliness, ordering or integrity of any message.

3. Requirements and costs

The App requires a compatible Android device. SMS functionality requires Android, an active mobile subscription with SMS capability and selection of Textly as your default SMS application; it is not available on iOS. The App runs on Android 7.0 and newer, and performance depends on the device.

The App is provided free of charge. Sending and receiving SMS may incur charges from your mobile network operator according to your plan. Those charges are solely a matter between you and your operator.

4. Your responsibilities

You agree to use the App only for lawful purposes. In particular, you agree not to use it to:

• send unsolicited bulk messages, spam or unlawful advertising;
• harass, threaten, defame or impersonate any person;
• transmit content that is illegal or infringes the rights of others;
• circumvent or interfere with technical protections of the App, your device or a network;
• violate any law or regulation applicable to you.

You are responsible for the content of the messages you send and for keeping your device secure. Anyone with access to an unlocked device can read the messages stored on it.

5. Licence

We grant you a non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your personal use, in accordance with these terms. You may not decompile, reverse engineer, modify, rent, lease, sell or redistribute the App, except to the extent such restriction is prohibited by applicable law.

6. Intellectual property

The App, its source code, design, the name "Textly" and its logo are protected by intellectual property law and remain our property or that of our licensors. These terms transfer no rights other than the licence described above.

Apple, iPhone and App Store are trademarks of Apple Inc.; Android and Google Play are trademarks of Google LLC. Other trademarks are the property of their respective owners.

7. Availability and changes

We aim to keep the App working reliably but do not warrant uninterrupted or error-free operation. We may modify, update or discontinue features, or the App as a whole, at any time. Where a change materially reduces functionality, we will give reasonable notice if practicable.

8. Warranty

The App is provided "as is" and "as available". To the fullest extent permitted by applicable law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

Statutory warranty rights for consumers under mandatory local law remain unaffected.

9. Limitation of liability

We are liable without limitation for damages arising from injury to life, body or health, for intent and gross negligence, and under mandatory statutory provisions such as product liability law.

In cases of slight negligence, we are liable only for breach of an essential contractual obligation (an obligation whose fulfilment makes proper performance possible in the first place and on whose observance you may regularly rely), and in that case limited to typical, foreseeable damage.

Subject to the above, we are not liable for undelivered, delayed, duplicated or lost messages, for carrier or data charges, for loss of message data stored on your device or for the unavailability or discontinuation of a third-party service. Please maintain your own backups of data that matters to you.

10. Third-party services

The App interacts with your device's operating system, your mobile network operator and the distribution platform. Their services are governed by their own terms and privacy policies, over which we have no control and for which we accept no responsibility.

11. Termination

You may stop using the App at any time by selecting another default SMS application where applicable, and uninstalling Textly. We may terminate the licence granted here if you materially breach these terms.

12. Changes to these terms

We may update these terms where necessary, for example due to changes in the App or the legal framework. The current version is always available at this address. Continued use after a change takes effect constitutes acceptance of the revised terms.

13. Governing law and jurisdiction

These terms are governed by German law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence.

Place of jurisdiction for merchants is Berlin.

14. Severability and contact

If any provision of these terms is or becomes invalid, the validity of the remaining provisions is unaffected.

Questions about these terms: hi@gettextly.app.