Terms of Service

These Terms of Service ("Terms") govern your access to and use of the TextMint product and the textmint.ai website (the "Service"), provided by NextWave Tech Inc., an Alberta corporation with registered office at 203-8500 19 Avenue, Calgary, Alberta T2A 7W8, Canada ("NextWave Tech", "we", "us", or "our").

By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. If you use the Service on behalf of a business, you represent that you have authority to bind that business.

2. Changes to the Service

The Service is actively developed and improved. Features may change or be added without notice, and we provide no formal service-level guarantees at this time.

3. Acceptable use

You agree not to:

• Send messages, run campaigns, or upload content that is unlawful, fraudulent, defamatory, harassing, hateful, or that infringes a third party's rights.
• Send marketing messages to recipients who have not given valid express consent under applicable law (including CASL and the TCPA).
• Attempt to access, interfere with, or disrupt any part of the Service or its underlying infrastructure.
• Reverse engineer, decompile, or attempt to extract proprietary information from the Service, except to the extent permitted by law.

4. Your content & data

You retain ownership of the messages, lists, and other content you upload or generate using the Service ("Customer Content"). You grant NextWave Tech a worldwide, non-exclusive, royalty-free license to host, process, and transmit Customer Content as necessary to provide the Service.

5. Messaging compliance

When you use the Service to send messages to your recipients, you are the sender of record under CASL, the TCPA, and other applicable laws. You are solely responsible for obtaining and maintaining valid consent from your recipients and for honoring opt-out requests promptly. You must include your business identification and unsubscribe instructions in messages where required by law.

6. Privacy

Our collection and use of personal information is described in our Privacy Policy.

7. Fees

A new account receives a one-time grant of credits, currently enough to build one website. Beyond that grant, continued use of the Service requires an active paid subscription plan. Plan prices are shown to you before you pay, and payment is processed by Paystack (naira) or Stripe (card). Plans are billed monthly. A plan paid by card renews automatically until cancelled; a plan paid by bank transfer does not renew on its own and must be paid again each month to stay active. We may change plan pricing; the price shown at checkout is the price charged for that billing period.

If a plan is not paid or is not renewed, websites already published remain hosted on their free textmint.ai address, and a custom domain registered through us continues to point to that address, but the account can no longer make changes through the Service until a plan is active.

8. Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTWAVE TECH INC. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CAD $100) OR THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or harms other users, third parties, or our business interests.

11. Governing law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict of laws principles. The courts of Alberta have exclusive jurisdiction over disputes arising under these Terms.

12. Changes

We may update these Terms from time to time. We will provide notice of material changes through the Service or by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

13. Contact

Questions about these Terms? Contact us at legal@textmint.ai.