Terms of Use

Acceptance of These Terms

By accessing or using the Website, you agree to be bound by these Terms of Use and our Privacy Policy available at https://www.textava.app/privacy-policy, which is incorporated into these Terms of Use by reference. Please review the Privacy Policy carefully. Personal information submitted through the Website, including through the contact form, will be handled as described in our Privacy Policy. If you do not agree to these Terms of Use, you must not access or use the Website.

The Website is intended for users in the United States. If you access or use the Website from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

Purpose; No Customer Relationship

The Website is provided for general informational and marketing purposes only. It describes Textava and its services at a general level, but it is not an offer to provide services and does not guarantee the availability of any particular service.

Requesting information, sending an email, or otherwise communicating with Textava through or in response to the Website does not create a customer relationship, advisory relationship, or other professional relationship. Textava will provide services only under a separate written agreement signed by Textava and the applicable customer.

Changes to These Terms

We may revise these Terms of Use from time to time in our discretion. Changes will become effective when posted on the Website unless otherwise stated. We will update the “Last Modified” date at the top of this page when we post revised Terms of Use. Be sure to check the “Last Modified” date to see if these Terms of Use have been revised since your last visit. Your continued use of the Website after revised Terms of Use are posted constitutes your acceptance of the changes.

Access to the Website

We may modify, suspend, restrict, or discontinue all or any part of the Website at any time, with or without notice. We will not be liable if the Website or any part of it is unavailable at any time or for any period.

You are responsible for making all arrangements necessary to access the Website and for ensuring that anyone who accesses the Website through your internet connection complies with these Terms of Use.

Permitted Use

You may use the Website only for lawful purposes and in accordance with these Terms of Use. Subject to your compliance with these Terms of Use, Textava grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Website for your personal or internal business informational purposes.

Prohibited Uses

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, license, or otherwise exploit any part of the Website except as expressly permitted by these Terms of Use or with Textava’s prior written consent.

Additionally, you may not use the Website:

• in any manner that violates any applicable law or regulation;
• to transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• to impersonate or attempt to impersonate Textava, an employee or owner of Textava, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• to use the Website in any manner that could disable, overburden, damage, or impair the site
• to introduce malware, malicious code, or other harmful material;
• to attempt to gain unauthorized access to the Website, its servers, or related systems;
• to interfere with or disrupt the Website or any other person’s use of the Website;
• to use any robot, spider, scraper, crawler, data mining tool, or other automated means to access, monitor, copy, or extract content or data from the Website;
• to copy, reproduce, republish, upload, post, distribute, display, or exploit Website content except as expressly permitted by these Terms of Use;
• to use any content, data, or materials from the Website to train, fine-tune, or improve any artificial intelligence, machine learning, or similar model or system without Textava’s prior written consent; or
• to submit false, misleading, unlawful, infringing, or harmful information through the contact form or otherwise through the Website.

Information Submitted Through the Website

If you submit information through the Website, you represent that the information is accurate and that you have the right to provide it. Do not submit confidential, proprietary, protected health information, or other sensitive information through the Website or contact form unless we expressly request that information through a secure method. Unless Textava expressly agrees otherwise in writing, information submitted through the Website will not be treated as confidential. Textava may use and process information you submit through the Website to operate the Website and to respond to your inquiries.

Intellectual Property Rights

The Website and all content, features, and functionality on the Website, including text, graphics, logos, icons, images, audio, video, software, and the design, selection, and arrangement thereof, are owned by Textava, its affiliates, licensors, or other content providers and are protected by applicable intellectual property and proprietary rights laws. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress displayed on the Website without the prior written permission of the owners of such assets. These Terms of Use do not grant you any ownership or other rights in the Website or its content except for the limited use rights expressly set out in these Terms of Use. All rights not granted under these Terms and Conditions are reserved by Textava.

Third-Party Links and Services

The Website may contain links to third-party websites or services, or include third-party tools or embedded content. These are provided for convenience only. Textava does not control and is not responsible for any third-party websites, services, content, terms, policies, availability, or practices. If you access any third-party website or service, you do so at your own risk.

Disclaimer of Warranties

The Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Textava disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, availability, security, or that the Website will be error-free or uninterrupted. We do not represent or warrant that the website, its servers, or any transmissions sent from us or through this site will be free of any harmful components (including viruses).

We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Limitation of Liability

To the fullest extent permitted by law, Textava and its owners, managers, members, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunity, goodwill, data, or use, arising out of or relating to your access to, use of, or inability to use the Website, even if advised of the possibility of such damages.

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

To the fullest extent permitted by law, Textava’s total liability for any claim arising out of or relating to the Website or these Terms of Use will not exceed the greater of $100 or the amount you paid, if any, to access or use the Website during the twelve (12) months preceding the event giving rise to the claim.

Indemnification

You will defend, indemnify, and hold harmless Textava and its owners, managers, members, officers, employees, contractors, agents, affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to your access to or use of the Website, violation of the Terms of Use, unlawful conduct, or submitted information.

Waiver and Severability

No waiver of any term or condition set forth in these Terms of Use by Textava shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Textava to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Governing Law

This Agreement and any claim or dispute arising out of or related to this Agreement, your Membership, or your use of the Website (“Dispute”) shall be governed by the laws of the State of Hawaii, without regard to its conflicts of laws principles, and you agree that any Dispute shall be brought exclusively in the state or federal courts located in the State of Hawaii, and you consent to the exclusive jurisdiction and venue of such courts.

Entire Agreement

These Terms of Use (together with our Privacy Policy) contain the entire understanding and agreement between you and Textava with respect to this Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Textava with respect to this Website and your use of this Website.