TMYO (Text Me You're Ok) is designed for its users to send text messages and map locations to its 'Recipients' letting them know their status and wherabouts.
- Limitations of Use
(ii)knowingly or neglegently use our services in a way that abuses or disrupts our networks, user accounts, or the services; (iii)overload our system with excessive
texting (iv)use the Service in violation of applicable laws, or regulations.
- Propprietary Rights and Marks
You acknowledge that we retain all proprietary right, title, and interest in the Service, our name, logo or other marks(together, the 'TMYO' and 'Text Me You're Ok'),
and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works and upgrades thereto. You agree that you will
not use or register any trademark, service marks, business name, domain name or social medial account name or handle with incorporates in whole or in part the TMYO Marks
or is similar to any of these.
- User-Generated Content
The Service may contain information or other materials provided by you that are sent to recipients you select. We take no responsibility for and we do not expressly
or implicitly endorse any of your selections. They are fully at your choice, discretion, and responsibility.
- Fees and Payments
TMYO provides the sending of texts to 1 primary recipient free of charges from us (except texting charges from your phone provider). Users can upgrade to a Family plan allowing for 3 additional recipients for a total
of 4. Also, a Friends plan is an upgrade option that allows for an additional 3 recipients for a total of 7 ie; 1 Primary, 3 Family, plus 3 Friends. Upgrades can be
changed and cancelled at anytime with out penalty from TMYO and subject only to the phone providers subscription rules.
- Texting Charges
Any charges incurred by your phones texting and data plan are the sole responsibility of you, the user, and recipients you select.
- Promotional Offers
Name, phone, and recipient information is never shared with 3rd parties or anyone outside the TMYO organization and its affiliates.
You may receive promotional offers from 3rd parties at the end of texts that we feel are valuable to our customers and users.
- Right to Limit and Terminate
TMYO reserves the right to limit the number of texts sent to recipients based on its network load. Normal use of TMYO should be 1 or 2 texts a day. Should the users
text count exceed those normal use limits, TMYO may limit future texts from being sent to avoid overloading its texting network. Texting overload would be determental
to other users and will be necessary should users abuse the texting limits. If you fail, or TMYO suspects on reasonable grounds that you have failed, to comply
with any provisions of this Agreement, TMYO may, without notice to you: (i)terminate this Agreement; and/or (ii)terminate your access to the TMYO services; (iii)Limit
the number of texts sent.
- Data Retention
TMYO users name and phone, as well as recipients selected by the user are stored in our databases. If an account is cancelled, we reserve the right to delete saved
information with no restore option.
- Emergency Use
TMYO has an Emergency button. This button, when clicked, sends an emergency text to ALL 7 recipients regardless of upgrade plan selected. This is a valuable public safety
service we are proud to provide. However, due to varying uncontrollable circumstances that can affect texting, this service is NOT guaranteed and the user should use
it at their own risk. TMYO will not provide any other service, backup, or responsibility in any way. It is the users sole responsibility without limitation.
- Governing Law and Jurisdictino
These terms of service are governed by the laws of Nevada, and the United States of America and all parties submit to the non-exclusive jurisdiction of this State.
- Limitation of Liability
YOU AGREE THAT TMYO AND ITS ASSIGNS, COMPANY, AND/OR EMPLOYEES, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS
OR DAMAGE WHATSOEVER OR FOR LOSS OF LIFE, PROFITS, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARRISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE
THE TMYO SERVICE, EVEN IF TMYO ITS ASSIGNS, COMPANY, AND/OR EMPLOYEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TMYO'S ENTIRE LIABILITY
TO YOU, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARD SUCH SERVICE.