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.

The Texto Platform stores only your sign-up profile data and message content. Messages are automatically and permanently deleted after 90 days from the date they were sent or received.

A list of mobile numbers that have opted out of receiving messages (via a "STOP" reply) is retained indefinitely to prevent accidental re-sending to opted-out recipients. This opt-out data is essential for compliance with Australian telecommunications regulations.

Any files uploaded to the platform (such as spreadsheets or CSV files) are used solely to generate messages and are not stored. They are discarded immediately after processing.

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 small businesses. It is not intended for high-volume senders dispatching millions of messages per month. We reserve the right to impose volume limits or restrict accounts that exceed reasonable usage patterns.

You agree not to use the Service to:

Send spam, unsolicited messages, or bulk commercial electronic messages in violation of the Spam Act 2003 (Cth).
Send messages in violation of the Do Not Call Register Act 2006 (Cth) or any associated regulations.
Send messages to any recipient who has not expressly opted in to receive communications from you, or for whom you do not hold documented, current, and verifiable consent. You warrant that every recipient on your contact list has given you permission to message them and that you can produce evidence of that consent on request.
Fail to honour an opt-out or "STOP" request promptly and permanently.
Send messages without proper sender identification or without providing a functional opt-out (unsubscribe) mechanism where required by law.
Engage in phishing, smishing (SMS phishing), fraud, scams, impersonation, or any deceptive practices.
Transmit illegal, defamatory, threatening, harassing, obscene, or otherwise objectionable content.
Send content containing profanity, offensive language, sexual content, violence, gore, hate speech, racism, or content that discriminates against or vilifies any person or group on any basis including race, religion, gender, sexuality, disability, or nationality.
Distribute adult, sexually explicit, or age-restricted content.
Send content that contains or promotes gambling, adult services, or any illicit activity under Australian law.
Distribute malware, viruses, or any other harmful software or code.
Impersonate any person, business, or entity, or falsely represent your affiliation with any person or entity.
Use the Service for any activity that is illegal under Australian federal, state, or territory law, or the law of any other applicable jurisdiction.
Interfere with, disrupt, or attempt to gain unauthorised access to the Service, its servers, or connected networks.
Use the Service to harvest, collect, or store personal data of third parties without their express consent.
Resell, sublicense, or redistribute the Service or access to the Service without our prior written consent.

8. User Responsibility and Content Liability

You are solely and fully responsible for:

All content you send through the Service, including the wording, accuracy, lawfulness, and appropriateness of every message.
Ensuring every recipient has opted in and given you express permission to be contacted by you via SMS, and for maintaining records of that consent.
Ensuring your use of the Service complies with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Privacy Act 1988 (Cth), the Australian Consumer Law, and any other applicable laws or industry codes.
Promptly honouring all opt-out, unsubscribe, and "STOP" requests.

You acknowledge and agree that Texto is a transmission platform only. Texto does not author, review, approve, endorse, or pre-screen the content of messages sent by users. Under no circumstances will Texto, Floop Pty Ltd, or any of its directors, employees, agents, or contractors be liable for any message content authored, scheduled, or dispatched by you or by anyone using your account, nor for any consequence arising from the lack of recipient consent, the nature of your contact list, or your breach of the Acceptable Use Policy.

You agree to indemnify and hold harmless Floop Pty Ltd from any complaint, claim, regulatory investigation, fine, penalty, damages, or legal costs arising from or relating to your message content, your recipient list, missing or invalid consent, or any breach of these Terms.

9. Texto's Rights and Enforcement

Texto reserves the right to, without prior notice and at our sole discretion:

Block, suspend, or permanently terminate any sign-up, account, or access to the Service.
Cancel or revoke any Dedicated Number Subscription.
Forfeit any remaining Credits associated with a terminated account.
Take any other action we deem necessary to enforce these Terms or protect the integrity of the Service.

These actions may be taken if we reasonably believe you have violated these Terms, the Acceptable Use Policy, or any applicable law, or if your use of the Service poses a risk to us, our infrastructure, other users, or third parties.

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 (including Telstra, Optus, Vodafone, and Pivotel), 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 a range of in-built automated controls, behavioural checks, risk scoring, and AI-assisted monitoring that operate continuously across sign-up, payment, sending, and API activity. These controls are supplemented by manual reviews, manual approvals, and investigations carried out by the Texto team and by AI agents acting on our behalf. We do not publish the specific signals, thresholds, models, or methods used, and we may change them at any time without notice.

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. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. Limitation of Liability

To the maximum extent permitted by law, Floop Pty Ltd and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Service. For the avoidance of doubt, Texto is a message transmission platform and is not responsible for the content of any message sent by a user or for any failure by a user to obtain valid recipient consent or to comply with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), or any other applicable law.

Our total aggregate liability for any claims arising under or in connection with these Terms shall not exceed the amount you have paid to us in the 12 months preceding the event giving rise to the claim.

The Service is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the reliability, availability, or fitness for a particular purpose of the Service.

Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, error-free, or free of bugs, defects, or security vulnerabilities. You acknowledge that software may contain errors and agree that the existence of such errors shall not constitute a breach of these Terms.

We shall not be liable for any loss, damage, or disruption arising from software bugs, technical errors, system outages, delayed or failed message delivery, data corruption, or any other malfunction of the Service, whether or not we were aware of or had been notified of the possibility of such issues.

26. Indemnification

You agree to indemnify, defend, and hold harmless Floop Pty Ltd and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any applicable law or the rights of any third party.

27. 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.

28. 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.

29. 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