Terms of Use

Definitions

TextNativ: The business that operates the TextNativ service.

Service: TextNativ Access, the text-message recommendation service for Houston, Texas, and nearby areas, and the TextNativ website.

TextNativ Access: The paid monthly membership that gives a Member access to the Service.

Member: A person who has purchased TextNativ Access and has an active membership.

Founding Member: One of the first 150 people to purchase TextNativ Access.

Nativ: A person on the TextNativ team who answers Member questions.

Visitor: A person who uses the TextNativ website but does not have TextNativ Access.

Recommendation: Information, opinions, or suggestions a Nativ sends about places, businesses, services, or events.

Third-party business: Any restaurant, shop, hotel, service provider, or event in a Recommendation. TextNativ does not own, operate, or control third-party businesses.

1. Membership

To use the Service, you must purchase TextNativ Access and give accurate, complete information. You must be at least 18 years old. You are responsible for all activity under your membership and for keeping your information current.

TextNativ is not liable for any loss from unauthorized use of your membership or your registered mobile number.

2. License and intellectual property

Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal use.

All content of the Service, including text, graphics, branding, and Recommendations, belongs to TextNativ or its licensors and is protected by intellectual property laws. You may not copy, change, distribute, sell, license, or scrape any part of the Service without our written consent.

3. Member content

You keep ownership of the content you send through the Service (“Member Content”). You give TextNativ a worldwide, non-exclusive, royalty-free license to use, process, and store Member Content only to provide and improve the Service.

You confirm that you have the right to send your Member Content and that it does not violate any third-party rights or laws.

4. Payment and renewal

TextNativ Access costs the price shown on our website. Stripe bills you monthly, in advance.

Your membership renews automatically each month until you cancel. We give reasonable notice before a price change takes effect.

Fees are non-refundable, except as stated in these Terms or as required by law.

5. Cancellation

You can cancel at any time through the billing link in your receipt email, or by email to support@textnativ.com.

Cancellation takes effect at the end of your current paid month. You keep access until that date.

6. Member data

Member Data is the information you give TextNativ when you use the Service, including your mobile number, preferences, and message history. You keep all rights to your Member Data.

We process Member Data as our Privacy Policy and the law require. We use reasonable administrative, technical, and physical safeguards to protect it. We do not sell Member Data or share it with advertisers.

7. Messaging

The Service works by text message. When you become a Member, you agree to receive recurring text messages at your registered mobile number to provide the Service and send membership notices.

Your carrier’s standard message and data rates apply. TextNativ charges nothing per message.

Reply STOP to stop messages and START to start them again. Stopping messages does not cancel your membership.

8. Scope of the Service

TextNativ gives recommendations only. Nativs do not make bookings, reservations, orders, or phone calls. Nativs do not run errands or complete in-person tasks.

Nativs do not give legal, medical, financial, business, or real estate advice.

The Service covers Houston, Texas, and nearby areas.

9. Recommendations and third-party businesses

Recommendations are opinions from a Nativ. TextNativ does not guarantee the accuracy, availability, or quality of any Recommendation or any third-party business.

TextNativ does not own, operate, control, or endorse third-party businesses. Their own terms and policies apply to your dealings with them. TextNativ is not responsible for any third-party business, website, or service.

10. Fair use

Questions are unlimited for the Member’s personal use. Each membership is for one person and one registered mobile number. You may not share, resell, or transfer your membership.

We may limit or pause the Service for automated, bulk, or commercial use, or for use at a volume that prevents service to other Members. We contact you before we limit your use, when possible.

11. Response times

Nativs reply from 8 AM to 9 PM Central Time, 7 days a week. We answer messages sent outside these hours when service hours start again.

Reply times vary. We do not guarantee a reply time.

12. Registered numbers

Your membership is linked to the mobile number you register. Keep this number current.

If your number is disconnected, suspended, transferred, or often fails to receive messages, we may stop messages to it without notice. Carriers can give disconnected numbers to new people. TextNativ is not responsible for information sent to a number you did not tell us you changed.

If we cannot reach your number for 30 days and you do not contact us, we may suspend or cancel your membership.

13. Acceptable use

Use the Service for its intended purpose and treat Nativs with respect.

We may suspend or end your membership if you send abusive, threatening, or harassing messages; use bots, scripts, or other automated tools; or break the law or these Terms.

If you ask a question outside the scope of the Service, a Nativ lets you know. This alone does not break these Terms.

14. Founding Access

Founding Access is limited to the first 150 Members. When all spots are taken, new people can join our waitlist.

15. Changes to the Service

We may change, suspend, or stop any part of the Service at any time. We make reasonable efforts to tell Members about important changes.

16. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

TextNativ does not guarantee the outcome of any Recommendation.

17. Limitation of liability

To the maximum extent the law permits, TextNativ and its owners, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, that come from your use of the Service.

Our total liability for any claim under these Terms is limited to the amount you paid TextNativ in the 12 months before the claim.

18. Indemnification

You agree to defend and hold harmless TextNativ and its owners, employees, and contractors from any claims, liabilities, damages, losses, and expenses that come from your use of the Service, your Member Content, or your violation of these Terms.

19. Term and termination

These Terms stay in effect until your membership ends. We may suspend or end your access to the Service at any time, with or without cause or notice.

When your membership ends, your right to use the Service ends. Sections that by their nature continue after termination stay in effect, including intellectual property, disclaimers, limitation of liability, and indemnification.

20. Safety notice

TextNativ cannot respond to emergencies. In an emergency, call 911. For a mental health crisis, call or text 988, the Suicide and Crisis Lifeline.

21. Governing law

The laws of the State of Texas govern these Terms, without regard to conflict-of-law rules. Any dispute under these Terms goes to the state or federal courts in Harris County, Texas.