Thanks for using textPlus Ad-Free, created by GOGII and powered by our GOGII Platform. These Terms of Use govern your use of textPlus Ad-Free, and you must read and agree to these Terms of Use before you can use textPlus Ad-Free. By using textPlus Ad-Free, you’re agreeing to be bound by these Terms of Use. If you do not agree to any of the following Terms of Use, please do not use textPlus Ad-Free.
textPlus Ad-Free is a downloadable software application for mobile devices that allows its users to send and receive text messages, both on a one-to-one basis and in groups. textPlus Ad-Free is a paid download for a limited subscription period (e.g., for one year of service) and is free to use (meaning you will not be charged for the text messages you send or receive using the textPlus Ad-Free application), except as set forth below.
If you use textPlus Ad-Free on a cellular network (rather than via Wi-Fi), standard data rates may apply, according to your wireless plan. And if you’re traveling outside of your home country, please check with your wireless carrier before using textPlus Ad-Free on a foreign cellular network (rather than via Wi-Fi), as international data roaming may apply and can get expensive very quickly. Also, if you choose to be notified of your incoming textPlus Ad-Free messages via SMS (which is completely optional), standard messaging rates will apply to those notification messages, and they will count towards any messaging limit applicable to you, according to your wireless plan.
People receiving and replying to textPlus Ad-Free messages on a mobile phone (via SMS) will be charged standard text messaging fees, and these messages will count towards any messaging limit applicable to them, according to their wireless plan.
If you are receiving unwanted messages from someone using textPlus Ad-Free or otherwise want to opt out of receiving textPlus Ad-Free messages, you can text the word STOPALL to 60611, and this will prevent textPlus Ad-Free messages (from anyone) from being sent to your mobile device. You can always restart the textPlus Ad-Free message flow later by texting the word START to 60611.
You must be at least 13 years old to use textPlus Ad-Free. If you are not at least 13 years old, do not use textPlus Ad-Free. If you are under 18 years old, your parent or legal guardian must also read and agree to be bound by these Terms of Use.
Certain other end user license agreements and/or terms of use (such as those published by your wireless carrier and/or mobile device manufacturer) may also govern your use of textPlus Ad-Free, provided that our Terms of Use will control in the event of a conflict with any such other agreement.
The content of textPlus Ad-Free, other than Submissions by users, including all software, text, visual, and audio content ("Content") and GOGII's trademarks and logos, including GOGII, 60611, and textPlus ("Marks"), is owned by or licensed to GOGII and is protected under U.S. and international laws.
You are responsible for your use of textPlus Ad-Free, and for any use of textPlus Ad-Free made using your device. You agree not to access, copy, or otherwise use textPlus Ad-Free, including our Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by GOGII. If you decide to enter a mobile phone number (or other personal information) in connection with your use of textPlus Ad-Free, you agree only to enter the mobile phone number associated with your account (and other accurate personal information about you). You also agree not to use textPlus Ad-Free to:
violate any law or regulation;
violate or infringe other people's intellectual property, privacy, or other rights;
transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion;
violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
send unwanted messages or any unauthorized advertising or commercial communications, such as spam;
transmit any malicious or unsolicited software;
stalk, harass, or harm another individual;
impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
violate any requirements, procedures, policies or regulations of networks connected to textPlus Ad-Free; or interfere with or disrupt textPlus Ad-Free.
We reserve the right to reclaim any GOGII usernames and other unique IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.
textPlus Ad-Free may allow you to submit material for hosting, display, and distribution to others ("Submissions"), such as posting or sharing photos, profiles, audio and video clips, and other content. When you send us a Submission, you grant GOGII and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, and otherwise use and reuse all or part of your Submission (and anything we make using your Submission) through textPlus Ad-Free and the GOGII Platform. We reserve the right to display advertisements in connection with your Submissions, and to use your Submissions to advertise and promote textPlus Ad-Free and GOGII.
We are not required to host, display, or distribute any Submissions, and we may refuse to accept or transmit Submissions, and may remove them from textPlus Ad-Free at any time.
By sending a Submission, you promise that you own all rights to your Submission or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your Submission. Finally, you promise that your Submission does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Messages that you send using textPlus Ad-Free are subject to our Privacy Policy, as described below.
We always welcome and appreciate your feedback and suggestions about textPlus Ad-Free. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand that we may use them without compensation to you.
If you have questions or need help using textPlus Ad-Free, please feel free to email us with your questions or comments at support@gogii.com. We try to respond to support questions within 24 hours.
textPlus Ad-Free features many services that are available on mobile phones, primarily text messaging. We don’t charge you for these services, but please be aware that your wireless carrier's normal messaging and data rates may apply and are your sole responsibility, as described above under textPlus Ad-Free Service. For questions regarding text messaging fees and textPlus Ad-Free, please see our textPlus FAQ.
Using certain mobile services may also be prohibited or restricted by your wireless carrier and/or mobile device manufacturer, and textPlus Ad-Free may not work with all carriers or mobile devices.
By using textPlus Ad-Free, you consent to our communicating with you by text message or other electronic means to your mobile device and that certain information about your usage of textPlus Ad-Free may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly notify us by e-mail at support@GOGII.com, to ensure that your messages are not sent to any person that may acquire your old number.
We respect the intellectual property rights of others. Upon proper notice, we will remove any content that violates copyright law. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, please send GOGII's copyright agent a notification with all of the following information:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit GOGII to locate the material on textPlus Ad-Free;
information reasonably sufficient to permit GOGII to contact you, such as an address, telephone number, and, if available, an e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
your physical or electronic signature.
Please send all of the information described above to the following GOGII copyright agent by e-mail at copyright@GOGII.com or by mail at Copyright Claims, c/o GOGII, Inc., 13160 Mindanao Way, Suite 233, Los Angeles, CA 90292. Please don't send notices or inquiries about anything other than alleged copyright infringement to GOGII's designated agent.
textPlus Ad-Free may contain links to other websites (such as in advertisements), or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access such third-party websites or content at your own risk. You should always read the terms of use and privacy policy of a third-party website before using it. GOGII will not be responsible for any damage or loss related to the use of any content, goods or services available on or through any third-party website.
GOGII respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you and your messages. By using textPlus Ad-Free, you also agree to abide by our Privacy Policy.
GOGII enhances and updates textPlus Ad-Free often. We may also need to discontinue services we offer from time to time. You understand and agree that we may modify or discontinue textPlus Ad-Free, with or without notice to you. GOGII will not be liable to you or any third party should it modify or discontinue textPlus Ad-Free.
GOGII reserves the right not to provide textPlus Ad-Free to any user, and also reserves the right to terminate any textPlus Ad-Free user at any time, in our discretion. If you violate any of these Terms of Use, your permission to use textPlus Ad-Free will automatically terminate.
WE TRY TO KEEP TEXTPLUS AD-FREE UP, BUG-FREE, AND SAFE, BUT YOU USE TEXTPLUS AD-FREE AT YOUR OWN RISK. TEXTPLUS AD-FREE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOGII AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO TEXTPLUS AD-FREE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
GOGII AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH TEXTPLUS AD-FREE, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM TEXTPLUS AD-FREE. GOGII AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF TEXTPLUS AD-FREE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TEXTPLUS AD-FREE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH TEXTPLUS AD-FREE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH TEXTPLUS AD-FREE.
GOGII AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH TEXTPLUS AD-FREE OR ANY LINKED WEBSITE. GOGII AND ITS AFFILIATES WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TEXTPLUS AD-FREE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOGII OR THROUGH TEXTPLUS AD-FREE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOGII NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF TEXTPLUS AD-FREE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent GOGII may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of GOGII's liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless GOGII, and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your Submissions, messages, feedback, or any other content) you or anyone using your account or device submit, post, or transmit using textPlus Ad-Free; (b) the use of textPlus Ad-Free by you or anyone using your account or device; (c) the violation of these Terms of Use by you or anyone using your account or device; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or device. GOGII reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GOGII in asserting any available defenses.
Under no circumstances will GOGII be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising from or relating to these Terms of Use, textPlus Ad-Free, or GOGII will be filed only in the state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of GOGII to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision.
From time to time, we may change these Terms of Use. If we change these Terms of Use, we will inform you by posting the revised textPlus Ad-Free Terms of Use on the GOGII website. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. Your continued use of textPlus Ad-Free constitutes your consent to be bound by the revised Terms of Use.