Privacy Policy / Terms and Condition
Introduction
Text Back SAAS is committed to the lawful, fair, and transparent collection of your data. This policy governs data collection by us and our affiliates (collectively the “Company”) when you purchase or use our products, services, software, and website (collectively the “Services”). It was drafted to help you understand the types of information we collect from you, how we use it, as well as how we share, store, and protect it. If you do not agree with this policy, you should not use our Services. By accessing or using our Services, you agree to this policy, which may change from time to time to better reflect our practices and applicable laws. Your continued use after we make change(s) is deemed acceptance of those changes.
Children Under the Age of 16 Our Services
Children Under the Age of 16
Our Services are not intended for minors (children under 16 years of age or equivalent depending on jurisdiction, (“Children”), and use of our Services by Children is strictly prohibited. We do not knowingly collect personally identifiable information from Children. If we learn we have collected or received personal information from Children without verification of parental consent, we will delete that information. If you believe we might have any information from or about Children, please contact us.
Types of Information We Collect
We collect information if you voluntarily provide it to us. For example, if you sign up for our Services, you might give us your name and email address. You might also give us data when you email us or give us feedback. In addition, you may submit information online through surveys, forms, portals, or other interactive activities on our website. details about transactions you carry out through our website. It is always your choice whether or not to provide personal data. Do not provide personal data unless you are authorized to do so.
We may collect the following information directly from you:
information that may be personally identified, such as name, address, e-mail address, and other identifier by which you may be contacted online or offline ("personal information");
information that is about you but individually does not identify you; and/or information about how you interact with our website, such as internet connection or the equipment you use to access the Services.
This policy does not apply to third-party sites that may link to, or be accessible from, our site. We do not control these third parties' tracking technologies or how they may be used. The third parties’ applicable privacy statements govern your interactions with these sites. You should contact the responsible provider directly if you have any questions about these sites.
We may also collect information automatically.
As you interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including details of your visits to our website and information about your computer and internet connection. The information we collect automatically does not include personal information. The technologies we use for this automatic data collection may include cookies. You may refuse to accept browser cookies by activating the appropriate setting on your browser, but if you do you may be unable to access certain parts of our website. Unless you have adjusted your browser setting to refuse cookies, our system will issue cookies when you direct your browser to us.
How We Use Your Information
We use information that we collect about you or that you provide to us, including personal information to present our Services to you; to provide you with information, products, or services that you request from us; to fulfill any other purpose for which you provide it; to provide you with notices about your account/ subscription, including expiration and renewal notices; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; to comply with legal obligations; or for any other purpose with your consent.
If you are an EU resident, we will collect and use your personal data only if we have one or more legal bases for doing so under the GDPR. This means we collect and use your personal data only where you have given your consent for one or more specific purposes; it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; it is necessary to protect the vital interests of you or another natural person; or it is necessary to comply with a legal obligation.
Who We Share Your Information With
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this policy to our team members, agents, subsidiaries, and affiliates who have a business need to know; to contractors, service providers, and other third parties we use to support our business; to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets; to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide the information; and/or with your consent. We may also disclose your personal information: to comply with any court order, law, or legal process, including to respond to any government or regulatory request; and/or to enforce or apply our terms of use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
How We Protect Your Personal Information
We may store your personal data in any region or in any country where we or our service providers have facilities. We implement reasonable processes and adhere to best practices in order to protect your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the website. We will store your personal data only until it is no longer needed to fulfill the purpose(s) for which it was collected or as required or permitted by law; at that point, it will be anonymized, deleted, or isolated.
Accessing and Correcting Your Information
You can request to access, correct, or delete any personal information that you have provided to us by contacting us at admin@textbacksaas.com. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
How to Contact Us
o ask questions or comment about this privacy policy and our privacy practices, contact us at:
Kimberly Helmke / Text Back SAAS
562 S State Hwy123 Bypass, Suite 118
Seguin Texas, United States 78155
Kimberly@info.textbacksaas.com
1-830-302-3191
Effective as of October 16, 2023
Terms and Conditions
Agreement between User and Text Back SAAS
Welcome to Text Back SAAS. The textbacksaas.com website (the "Site") is composed of various web pages operated by Kimberly Helmke. textbacksaas.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of textbacksaas.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
textbacksaas.com is a Marketing Service Site.
Building marketing funnels to map how your potential customers progress through the various stages of the user journey, and track your efforts to attract, engage, and convert them through marketing material—like content, ads, and landing pages.
Privacy
Your use of textbacksaas.com is subject to Kimberly Helmke's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting textbacksaas.com or sending emails to Text Back SAAS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that San Antonio Rose Automation/ Text Back SAAS is not responsible for third party access to your account that results from theft or misappropriation of your account. San Antonio Rose Automation and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Kimberly Helmke / Text Back SAAS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use textbacksaas.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Text Back SAAS offers a 30 day guarantee that for whatever reason you do not wish to continue the service the monthly service fee will be reimbursed to you. The set up fee is non-refundable. Otherwise, these services are non-refundable. Services are prepaid, and if you wish to discontinue working with Text Back SAAS, a 30-day written notice is required.
Links to Third Party Sites/Third Party Services
textbacksaas.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kimberly Helmke / Text Back SAAS and Kimberly Helmke / Text Back SAASS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Text Back SAAS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kimberly Helmke / Text Back SAASof the site or any association with its operators.
Certain services made available via textbacksaas.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the textbacksaas.com domain, you hereby acknowledge and consent that Kimberly Helmke / Text Back SAAS may share such information and data with any third party with whom
Kimberly Helmke / Text Back SAAS has a contractual relationship to provide the requested product, service or functionality on behalf of textbacksaas.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use textbacksaas.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kimberly Helmke / Text Back SAAS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kimberly Helmke / Text Back SAAS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Text Back SAAS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kimberly Helmke / Text Back SAAS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kimberly Helmke / Text Back SAAS or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Text Back SAAS account to third party accounts. By
connecting your Text Back SAASaccount to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Kimberly Helmke from my offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the text Content accessed through textbacksaas.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless
Kimberly Helmke / Text Back SAAS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kimberly Helmke / Text Back SAAS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kimberly Helmke / Text Back SAAS in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Kimberly Helmke / Text Back SAAS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KIMBERLY HELMKE / TEXT BACK SAAS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KIMBERLY HELMKE / TEXT BACK SAAS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KIMBERLY HELMKE / TEXT BACK SAAS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIMBERLY HELMKE / TEXT BACK SAAS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KIMBERLY HELMKE / TEXT BACK SAAS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Kimberly Helmke / Text Back SAAS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kimberly Helmke / Text Back SAAS as a result of this agreement or use of the Site. Kimberly Helmke / Text Back SAAS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of
Kimberly Helmke / Text Back SAAS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kimberly Helmke / Text Back SAAS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kimberly Helmke / Text Back SAAS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kimberly Helmke / Text Back SAAS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Kimberly Helmke / Text Back SAAS reserves the right, in its sole discretion, to change the Terms under which textbacksaas.com is offered. The most current version of the Terms will supersede all previous versions. San Antonio Rose Automation / Text Back SAAS encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Kimberly Helmke / Text Back SAASwelcomes your questions or comments regarding the Terms:
Kimberly Helmke / Text Back SAAS
562 S State Hwy123 Bypass, Suite 118
Seguin Texas, United States 78155
Kimberly@info.textbacksaas.com
1-830-302-3191
Effective as of October 16, 2023
** 30 Day Money Back Guarantee does not include set up fee. Only the monthly service charge will be reimbursed.
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