Terms & Conditions

1. Introduction

Texto is a product offered by Floop Pty Ltd (ABN 65 689 489 629) ("we", "us", "our"). These Terms and Conditions ("Terms") govern your access to and use of the Texto platform, including all related services, features, and content (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Definitions

"Texto Platform" means the Texto SaaS SMS messaging platform, designed for Australian businesses to send and receive SMS messages to their customers, clients, and contacts.
"Dedicated Number Subscription" means a recurring monthly subscription for a dedicated Australian mobile number assigned to your account, used to send and receive SMS messages on your behalf.
"Credits" means pre-purchased message units used to send SMS messages via the Texto Platform. Each Credit equals one standard SMS segment (up to 160 characters). Messages exceeding 160 characters will consume multiple Credits proportional to the number of SMS segments required.
"Customer Data" means any data you provide to or generate through the Service, including your sign-up profile information (name, email, company details) and message content.
"User" or "you" means any individual or entity that creates an account on the Texto Platform.

3. Eligibility

The Texto Platform is intended for use by Australian businesses. By using the Service, you represent that you are operating a business registered or operating in Australia.

Texto is a business service only. It is not intended for, and must not be used for, personal, private, household, or consumer messaging. By creating an account, you confirm that you are using the Service on behalf of a business and for legitimate business communication purposes.

Texto does not offer a free trial. Creating an account is free; however, sending SMS messages requires an active Dedicated Number Subscription and the purchase of Credits.

4. Account and Data

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorised use of your account.

Message content is ordinarily retained for up to 90 days from the date it was sent or received. At or after the end of that period, Texto may delete, de-identify, redact, overwrite or replace message content so that the original content is no longer available through the Service or reasonably recoverable as ordinary customer data. Information may be retained for longer where permitted or required under clause 16, Investigations, Legal Holds and Disclosure.

A list of mobile numbers that have opted out of receiving messages, including through a "STOP" reply, is retained indefinitely to prevent accidental re-sending to opted-out recipients. This opt-out data is retained for compliance with Australian telecommunications and spam laws.

Files uploaded to the Platform, including spreadsheets and CSV files, are used to process the requested messages and are not retained as ordinary customer files after processing. Information from an uploaded file may still appear in message records, security records, audit logs or other records retained under these Terms.

5. Dedicated Number Subscription

Your Dedicated Number Subscription may be cancelled at any time from your account dashboard. Upon cancellation, your dedicated number will be released at the end of the current billing period and may subsequently be reassigned.

Monthly subscription fees are not pro-rated on cancellation. Access continues until the end of the billing period for which you have paid.

We do not support the porting of dedicated numbers to any other provider. Numbers assigned through the Texto Platform are managed exclusively within our network and cannot be transferred.

Sender IDs registered through the Texto Platform are issued subject to ACMA approval and aggregator availability. Sender IDs are not the property of the User, are non-portable, and may be revoked, suspended, or reassigned at any time at the direction of a regulator, mobile carrier, or aggregator, or where Texto reasonably believes the Sender ID is being misused.

6. Credits

Credits are non-refundable once purchased. Unused Credits will automatically expire 12 months from the date of purchase.

We reserve the right to modify Credit pricing at any time, with changes applying to future purchases only.

7. Acceptable Use Policy

The Texto Platform is designed and intended for use by Australian businesses. It is not intended for high-volume senders dispatching millions of messages per month. We may impose volume limits or restrict accounts that exceed reasonable usage patterns.

You must not use the Service to:

send spam, unsolicited messages or commercial electronic messages in breach of the Spam Act 2003 (Cth);
send messages in breach of the Do Not Call Register Act 2006 (Cth) or associated regulations;
send messages to a recipient unless you hold documented, current and verifiable consent or another lawful basis that permits the message;
fail to honour an opt-out, unsubscribe or "STOP" request promptly and permanently;
send messages without proper sender identification or a functional opt-out mechanism where required by law;
engage in or promote phishing, smishing, fraud, scams, identity theft, impersonation or deceptive conduct;
create, promote, advertise or distribute content or activity that is illegal, defamatory, threatening, harassing, obscene or otherwise unlawful;
send content containing profanity, offensive language, sexual content, violence, gore, hate speech, racism, or content that discriminates against or vilifies a person or group on the basis of race, religion, gender, sexuality, disability, nationality or another protected attribute;
create, promote, advertise or distribute child abuse or exploitation material, terrorist or violent extremist material, credible threats to life or safety, unlawful gambling, adult services, illicit drugs, unlawful weapons or other illicit goods, services or activity;
distribute malware, viruses or harmful code;
impersonate a person, business or entity, or falsely represent your identity or affiliation;
misuse a telecommunications or carriage service, or use the Service contrary to the Criminal Code Act 1995 (Cth), Online Safety Act 2021 (Cth), Telecommunications Act 1997 (Cth), or any other applicable Australian federal, state or territory law;
interfere with, disrupt or attempt to gain unauthorised access to the Service, its systems or connected networks;
collect, use or disclose personal information without the authority or consent required by law; or
resell, sublicense or redistribute the Service or access to it without our prior written consent.

This list is not exhaustive. You are responsible for ensuring that every use of the Service is lawful and complies with these Terms, all applicable industry codes and all carrier requirements.

8. User Responsibility, Content Screening and Liability

You are solely and fully responsible for:

everything you and anyone using your account does through the Service;
all content you create, upload, import, schedule, send or receive through the Service, including its wording, accuracy, lawfulness and appropriateness;
every recipient list, campaign, integration, instruction and API request associated with your account;
ensuring that every recipient has consented or that you otherwise have a lawful basis to contact them, and maintaining evidence of that consent or lawful basis;
complying with the Spam Act 2003 (Cth), Do Not Call Register Act 2006 (Cth), Privacy Act 1988 (Cth), Australian Consumer Law and all other applicable laws, regulations, industry codes and carrier requirements; and
promptly honouring every opt-out, unsubscribe and "STOP" request.

Texto is a message transmission platform. Texto may use its proprietary anti-spam and anti-smishing systems, automated controls, risk scoring and other compliance measures to analyse message content, account activity, recipient patterns and campaign characteristics before or after transmission. A message, campaign or account may be delayed, held for manual review, rejected, suspended or terminated where it is flagged by these systems or where Texto reasonably considers that further review is required.

Any screening or review is performed to protect recipients, carriers, Texto and the integrity of the Service. It does not transfer responsibility for your messages to Texto, does not constitute legal or compliance approval, and does not guarantee that a message or campaign complies with law or these Terms. Texto is not obliged to review every message or campaign. A decision by Texto to allow a message or campaign to proceed does not amount to approval or acceptance of its content, recipients, consent or legality.

To the maximum extent permitted by law, Texto, Floop Pty Ltd and their directors, employees, contractors and agents are not liable for message content authored, uploaded, imported, scheduled, sent or received by you or anyone using your account, or for any consequence arising from your recipient lists, consent, campaign activity, instructions, integrations, API use or breach of these Terms or applicable law.

9. Texto's Rights and Enforcement

Texto may, without prior notice and in its sole discretion:

block, delay, reject, quarantine or hold any message or campaign for automated or manual review;
block, suspend, restrict or permanently terminate any sign-up, account or access to the Service;
suspend or revoke an API key, Dedicated Number or Sender ID;
require identity, business, campaign, recipient-consent or other supporting records;
forfeit remaining Credits associated with an account terminated for serious misconduct, fraud, unlawful activity or a material breach of these Terms; and
take any other reasonable action necessary to enforce these Terms, respond to a carrier or regulator, protect recipients or third parties, or protect the security, reputation or integrity of the Service.

Texto may take these actions where it reasonably suspects a breach of these Terms, unlawful activity, spam, smishing, fraud, a carrier complaint, a security risk or harm to Texto, its infrastructure, recipients, other users or third parties. Action taken in good faith under this clause does not make Texto responsible for the user's conduct or message content.

10. Data Roles

For the purposes of the Privacy Act 1988 (Cth) and the Australian Privacy Principles:

You are the data controller of all recipient personal information (including mobile numbers, names, and any other personal data contained in messages you send).
Texto acts as a data processor, processing recipient personal information solely on your instructions and only to the extent necessary to deliver the Service.

You warrant that you have a lawful basis under Australian Privacy Principle 3 to collect recipient personal information and to disclose it to Texto for transmission, and that you have obtained all consents required under the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

Recipients of messages should direct any access, correction, or deletion requests relating to their personal information to you, as the sender. Texto will assist you in responding to such requests where reasonably required.

11. Service Availability

The Service is provided without a formal Service Level Agreement (SLA) on standard plans. While we use commercially reasonable efforts to keep the Service available, you acknowledge that:

Message delivery depends on upstream licensed Australian mobile carriers, and Texto cannot guarantee delivery, delivery times, or carrier behaviour.
Scheduled maintenance, emergency maintenance, and infrastructure changes may occur from time to time, sometimes without advance notice.
The Service may be temporarily unavailable due to issues with upstream providers, internet connectivity, AWS infrastructure, or any event outside our reasonable control.

No credit, refund, or compensation is payable for downtime, delivery delays, or failed messages caused by any of the above.

12. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent caused by an event beyond its reasonable control, including but not limited to: acts of God, natural disaster, fire, flood, pandemic, war, terrorism, civil unrest, government action or regulation, industrial action, cyber attack, denial-of-service attack, failure of telecommunications carriers or networks, internet outage, or failure of cloud infrastructure providers.

13. Sanctions and Anti-Money Laundering

You represent and warrant that neither you, your business, your directors, nor any beneficial owner of your business is listed on:

the Australian Department of Foreign Affairs and Trade (DFAT) Consolidated List;
any United Nations Security Council sanctions list;
any sanctions list maintained by the United States (OFAC), the United Kingdom, or the European Union.

You must not use the Service to facilitate any transaction, communication, or activity with any person or entity on any such list, or for any purpose that would breach Australian anti-money laundering or counter-terrorism financing laws.

14. Payments, Auto-Renewal and Chargebacks

Auto-renewal. Dedicated Number Subscriptions renew automatically each month using your stored payment method until cancelled by you from your account dashboard. You are responsible for cancelling before the renewal date if you do not wish to be charged for the next period. Renewal charges are non-refundable.

Credits. Credits are digital goods consumed at the moment an SMS is submitted to a carrier for transmission. Once submitted, a message cannot be recalled and the Credit cannot be refunded.

Chargebacks. You agree to contact Texto support before initiating a chargeback or payment dispute with your bank or card issuer. Where a chargeback is filed for a charge that we determine to be valid, we may:

immediately suspend or terminate your account;
forfeit any remaining Credits;
refer the matter to a debt-collection agency.

Failed payments. If a renewal payment fails, your Dedicated Number Subscription and sending capability may be suspended until payment is received.

15. Fraud, Spam, Phishing and Fraudulent Payments

Zero tolerance. Texto takes fraud, spam, phishing (including smishing), impersonation, account takeover, and payment fraud extremely seriously. We operate a zero-tolerance policy. Any account we reasonably suspect of engaging in or facilitating such activity will be blocked, suspended, or permanently terminated, with no obligation to provide prior notice, reasons, or a right of appeal.

Detection and enforcement. The Texto Platform includes automated controls, behavioural checks, risk scoring and AI-assisted monitoring across sign-up, payment, sending and API activity. These controls form part of Texto's proprietary anti-spam and anti-smishing systems and may be supplemented by manual reviews, manual approvals and investigations carried out by the Texto team or service providers acting on Texto's behalf. We do not publish the signals, thresholds, models or methods used, and we may change them at any time without notice. Clause 8 explains how message and campaign screening operates, and clause 16 governs investigations, legal holds and disclosure.

Without limiting our other rights under these Terms, we may at any time and without prior notice:

block, suspend, terminate, or refuse to create any account;
hold any account, top-up, send, or API request pending manual approval;
require additional identity, business, or consent verification before releasing an account or processing a payment;
cancel any Dedicated Number Subscription and revoke any Sender ID;
halt, recall, or refuse to transmit any message or batch of messages;
freeze, void, or forfeit any Credits, including Credits already purchased;
revoke API keys and block IP addresses, devices, or payment instruments;
retain account, transaction, message, and connection metadata for fraud-prevention and investigation purposes for as long as we consider reasonably necessary.

Stolen or unauthorised payment instruments. If Credits or a Dedicated Number Subscription are purchased using a card or other payment instrument that is later confirmed by the Texto team, its payment service provider, or the cardholder to have been stolen, compromised, or used without the cardholder's authority, Texto will:

refund the disputed amount to the original payment instrument (or to the issuing bank as directed by it), so that the rightful cardholder is made whole;
immediately and permanently terminate the offending account, void any remaining Credits, and revoke any Dedicated Number or Sender ID;
preserve and disclose to law enforcement, financial institutions, card schemes, and any other lawful investigative body all information available to us in relation to the account and the transaction, including but not limited to sign-up details, contact details, IP addresses, device and browser information, payment metadata, message logs, message content within the retention window, and any communications with our team.

No safe harbour. The refund commitment above exists solely to protect genuine victims of payment fraud. It does not create any right to use the Service, does not entitle the account holder to any refund of fees lawfully charged, and is not an avenue to obtain free or discounted messaging. Any attempt to use stolen, borrowed, shared, or otherwise unauthorised payment instruments — or to obtain a refund, chargeback, or credit by deception — will be treated as fraud, will result in immediate and permanent termination, full forfeiture of Credits, recovery of our costs, and referral to the relevant authorities. We actively cooperate with police, the Australian Cyber Security Centre, AUSTRAC, card schemes, and issuing banks in the investigation and prosecution of payment fraud.

User obligations. You must keep your account credentials, API keys, and payment details secure, use only payment instruments you are lawfully entitled to use, and notify us immediately at support@texto.com.au if you suspect your account, payment instrument, or API key has been compromised.

Decisions are final. Decisions made under this section are made in our sole discretion based on the information available to us at the time. We are not required to disclose the reasons for any action taken under this section, and no liability attaches to Texto, Floop Pty Ltd, or any of its directors, employees, agents, or contractors for any loss arising from action taken in good faith to prevent or respond to suspected fraud.

16. Investigations, Cooperation, Legal Holds and Disclosure

Texto may investigate suspected unlawful activity, spam, smishing, fraud, security incidents, carrier complaints and breaches of these Terms. During an investigation, Texto may pause or restrict messages, campaigns, numbers, Sender IDs, integrations, API access or accounts.

You must provide any identity, business, campaign, recipient-consent or other supporting records reasonably requested by Texto and cooperate with an investigation. Unless a shorter period is reasonably required because of an urgent risk, carrier request, regulator request or legal obligation, you must provide the requested material within five business days.

Texto may preserve account details, message content within the applicable retention window, message metadata, payment information, access logs and related records where reasonably required:

by a warrant, subpoena, court order, statutory notice, preservation request or other lawful demand;
for an active fraud, spam, smishing, security, carrier, regulatory or legal investigation;
to establish, exercise or defend legal claims;
to meet tax, accounting, audit, billing, corporate record-keeping or other legal obligations; or
to prevent or investigate serious harm, threats to life or safety, fraud, cybercrime or other unlawful activity.

Texto may disclose relevant information to police, courts, regulators, law-enforcement agencies, carriers, financial institutions, card schemes or other authorised bodies where required or permitted by law. This may include disclosure to ACMA, the ACCC, the OAIC, the eSafety Commissioner, the Australian Cyber Security Centre and AUSTRAC. This list is not exhaustive.

Texto is not required to notify you of a preservation request, investigation or disclosure where notice is prohibited by law, could prejudice an investigation, could compromise a security measure or could create a risk to any person.

Information retained under this clause will be limited to what Texto reasonably considers relevant and kept only while the applicable purpose or legal obligation continues. After that, it may be deleted, de-identified, redacted, overwritten, replaced or returned to Texto's ordinary retention schedule, unless another lawful basis for retention applies.

To the maximum extent permitted by law, you must reimburse Texto for reasonable investigation, carrier-response, regulator-response and legal costs arising from your breach of these Terms or unlawful use of the Service.

17. API Use and Rate Limits

Use of the Texto API is subject to the rate limits and technical requirements set out in our API documentation, as updated from time to time. We may, without prior notice, throttle, suspend, or revoke API keys, IP addresses, or accounts that:

exceed published rate limits;
generate abusive, automated, or malicious traffic;
cause carrier throttling or infrastructure instability affecting other users;
attempt to circumvent technical controls or security measures.

18. Beta Features

From time to time we may release features marked as "beta", "preview", "experimental", or similar (including but not limited to new AI capabilities, integrations, and developer tools). Beta features are provided as-is, may be modified, restricted, or withdrawn at any time without notice, are not covered by any SLA or warranty, and should not be relied upon for business-critical workflows.

19. Suspension, Termination and Data Export

Where we suspend or terminate your account for reasons other than serious or illegal misconduct, you may request a one-time export of your stored message history (within the 90-day retention window) by emailing support@texto.com.au within 14 days of suspension or termination. Exports are provided in CSV or JSON format on a best-efforts basis.

We may decline to provide an export, in whole or in part, where the suspension or termination relates to suspected illegal content, fraud, breach of the Acceptable Use Policy, or where doing so would compromise the rights of message recipients or any investigation.

20. Publicity

Neither party will use the other party's name, logo, or other identifying marks in any external marketing or public statement without the prior written consent of the other party. As a limited exception, Texto may include your business name in a generic customer list on its website or marketing materials. You may opt out of this at any time by emailing support@texto.com.au.

21. Assignment and Change of Control

You may not assign, transfer, or sublicense your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, to any successor entity in connection with a merger, acquisition, restructure, financing, or sale of all or substantially all of our assets or business, without your consent.

22. Notices

Notices from Texto to you will be sent to the email address associated with your account and are deemed received on the day of sending. It is your responsibility to keep your account email address current.

Notices from you to Texto must be sent to support@texto.com.au and are deemed received on the next business day in Victoria, Australia.

23. Severability, Entire Agreement and Waiver

Severability. If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force.

Entire agreement. These Terms, together with our Data & Privacy Policy and any documents referenced within them, constitute the entire agreement between you and Texto and supersede all prior representations, understandings, or agreements relating to the Service.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. Any waiver must be in writing and signed by an authorised representative of Floop Pty Ltd.

24. Intellectual Property

All intellectual property rights in the Service, including but not limited to software, design, trademarks, and documentation, are owned by Floop Pty Ltd or its licensors. Nothing in these Terms grants you any right, title, or interest in such intellectual property except as expressly stated.

You retain ownership of your Customer Data. By using the Service, you grant us a limited, non-exclusive licence to use, process, and store your Customer Data solely for the purpose of providing the Service.

25. Confidentiality

We will treat your Customer Data as confidential and will not disclose it to third parties except as necessary to provide the Service, as required by law, or with your consent. For details on how we handle your data, please refer to our Data & Privacy Policy.

26. Limitation of Liability

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis. Texto makes no warranty that the Service will be uninterrupted, error-free, secure, suitable for a particular purpose or free from bugs, defects or security vulnerabilities.

To the maximum extent permitted by law, Texto, Floop Pty Ltd and their directors, employees, contractors and agents are not liable for:

anything you or anyone using your account does through the Service;
any message content, recipient list, consent, campaign, integration, instruction or API request created, supplied or controlled by you;
any failure by you to comply with law, these Terms, an industry code or a carrier requirement;
bugs, software errors, security vulnerabilities, outages, downtime, interruption, delay, failed or duplicate messages, data loss or corruption, or a carrier, telecommunications network, integration or third-party service failure; or
any indirect, incidental, special, consequential, exemplary or punitive loss, or any loss of profit, revenue, business, opportunity, goodwill, reputation or data, arising from use of or inability to use the Service.

Texto does not guarantee message delivery, delivery time, receipt, response, campaign performance or legal compliance. Screening, manual review, approval, blocking or failure to block a message or campaign does not make Texto responsible for that message or campaign.

Subject to any liability that cannot lawfully be excluded or limited, Texto's total aggregate liability for all claims arising under or in connection with the Service or these Terms is limited to the lesser of:

the fees you paid to Texto for the specific Service that gave rise to the liability during the 12-month period immediately before the first event giving rise to the claim; and
AU$5,000.

If you paid no fees for that Service during that period, Texto has no monetary liability for those claims except to the extent liability cannot lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law. Where the law permits Texto to limit a remedy for a failure to comply with a non-excludable guarantee, Texto's liability is limited, at Texto's option, to supplying the Service again or paying the cost of having the Service supplied again.

The limitations in this clause do not limit your obligations under clause 27, Indemnification.

27. Indemnification

To the maximum extent permitted by law, you indemnify, defend and hold harmless Texto, Floop Pty Ltd and their directors, employees, contractors and agents from and against all claims, complaints, proceedings, investigations, regulatory or carrier action, liabilities, penalties, fines, damages, losses, costs and expenses, including reasonable legal fees, arising out of or connected with:

anything you or anyone using your account does through the Service;
any message, content, recipient list, campaign, consent, instruction, integration or API use created, supplied or controlled by you;
your actual or alleged breach of these Terms, applicable law, an industry code, a carrier requirement or a third party's rights;
spam, smishing, fraud, unlawful activity, misleading conduct, privacy infringement, intellectual property infringement or missing, invalid or unverifiable recipient consent associated with your account; or
a claim by a recipient, regulator, carrier or other third party arising from your use of the Service.

This indemnity applies whether or not Texto screened, reviewed, approved, blocked or allowed the relevant message, campaign or activity. Texto may assume reasonable control of the defence or settlement of an indemnified matter. You must promptly provide the information, assistance and cooperation Texto reasonably requests and must not settle a claim in a way that imposes liability, an admission or an obligation on Texto without Texto's prior written consent.

28. Survival

Clauses concerning acceptable use, user responsibility, content liability, investigations, legal holds, disclosure, confidentiality, intellectual property, limitation of liability, indemnification, payment obligations and governing law survive suspension, termination, account cancellation and deletion of account data to the extent necessary to give them effect.

29. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any disputes arising under or in connection with these Terms.

30. Modifications

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Texto Platform and updating the "Last updated" date above. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

31. Contact, Issues and Complaints

If you have any questions about these Terms, or any issues, complaints, or disputes regarding the Service, please contact us at support@texto.com.au. We will do our best to resolve your concern promptly.

If your complaint is not resolved to your satisfaction, you may contact the Telecommunications Industry Ombudsman (TIO), a free and independent dispute resolution service:

Online: tio.com.au
Phone: 1800 062 058