Legal
Terms & Conditions
These terms are an agreement between you and Intrakit LLC, the operator of Text Drift ("Text Drift", "we", "us"). They cover the website at textdrift.com, the application at app.textdrift.com and any brand-specific hostname we provide, the Text Drift app for Shopify, and the widgets, text messages and reports the service produces (together, the "Service"). By creating an account, installing the app, or using the Service, you agree to these terms and to our privacy policy and messaging policy, which are part of them. If you are using the Service on behalf of a business, you confirm that you are authorised to bind that business, and "you" means the business.
What the Service is
Text Drift lets a business put chat, contact-form and appointment-booking widgets on its own website, answer visitors' questions with an AI assistant trained on the business's own information, receive leads by text message, reply to those leads by text, send appointment confirmations, reminders and review requests, and view reports about its own web presence. The Service is a business tool. It is offered to businesses in the United States and is not intended for personal or household use.
Accounts
You must be at least 18 years old to create an account. You are responsible for the accuracy of the information you give us, for keeping your password confidential, and for everything done through your account, including by team members you add. Tell us straight away at support@textdrift.com if you believe your account has been accessed without authorisation.
Free trial, plans and payment
Every plan starts with a free trial, currently 14 days. When the trial ends, the plan you selected begins and is billed monthly in advance until you cancel. Plans are priced by the number of widget conversations the assistant handles each month, as described on our pricing page. When you reach your plan's monthly limit, the dashboard tells you and you can upgrade at any time; the new limit applies immediately.
Payments are taken by Stripe, or through your Shopify invoice if you installed Text Drift from the Shopify App Store. You authorise us to charge your chosen payment method on a recurring basis without further approval for each charge. Prices exclude any sales tax we are required to collect. If we change the price of your plan we will tell you by email at least 30 days before the new price applies; if you do not agree you can cancel before then. If a payment fails we may suspend the Service until it is settled.
Cancellation and refunds
You can cancel at any time from Billing in your dashboard, by uninstalling the Shopify app, or by emailing us. Cancelling stops the next charge; the Service stays available until the end of the period you have already paid for. The free trial is the evaluation period, and fees already paid are not refundable, including for partial months, downgrades or unused conversations, except where the law requires otherwise.
Your content and your visitors' data
You own the content you put into the Service: your knowledge base, your settings, your messages, and the details of the visitors, contacts and appointments the Service collects for you. You give us a licence to store, process and transmit that content only as needed to run the Service for you, as described in our privacy policy. For the data of visitors to your website, you are the controller and we act on your instructions as a processor.
You are responsible for having the right to use the content you provide, for the accuracy of your knowledge base, and for complying with the laws that apply to how you collect and use your visitors' information, including any notices you must give them on your own website.
Text messaging
Text messages are sent through the Service on your behalf and in your name. You agree that:
- you will only message people who have agreed to receive texts from you, and you will keep a record of that consent;
- you will send review requests and any other follow-up only to people who have done business with you and have agreed to be contacted, as required by the Telephone Consumer Protection Act (TCPA) and similar laws;
- you will not use the Service to send marketing broadcasts, bulk campaigns, or messages to purchased or third-party lists;
- you will honour every opt-out immediately and will not contact a number that has replied STOP;
- you will not send content that is unlawful, deceptive, threatening or otherwise prohibited by carrier rules.
We may pause messaging on your account, or close it, if carriers or recipients report your messages, if we believe these rules are being broken, or if it is necessary to protect our messaging numbers and registrations. Our messaging policy explains how consent, frequency and opt-outs work.
AI-generated answers
The assistant generates replies automatically using a large language model provided by Anthropic, drawing on your knowledge base and the public pages of your website. Its answers can be incomplete or wrong. You are responsible for the information you give it and for reviewing how it represents your business, and you should not rely on it to give legal, medical, financial or safety-critical advice, or to make decisions that have legal effects on people. You can turn the assistant off, or set a widget to collect contact details only, at any time.
Reading your website
When you connect your website, the Service fetches the text of its publicly reachable pages so the assistant can answer from it. You confirm that you own or are authorised to operate that website, and that we may read it for this purpose.
Third-party services
Parts of the Service depend on other companies' services: Twilio for text messages, Stripe and Shopify for billing, Anthropic for the assistant, and, where you choose to connect them, Google Calendar, Google Search Console, Google Analytics and Google Business Profile. Your use of those services is subject to their own terms. What we access through a connected Google account, and what we do with it, is described in our privacy policy; you can disconnect at any time.
Acceptable use
You may not use the Service to break the law, to infringe anyone's rights, to send spam or unsolicited messages, to harvest personal information, to impersonate someone, to interfere with the Service or other customers, to probe or bypass its security, to reverse-engineer it, or to build a competing product from it. You may not resell the Service or make it available to third parties except through a reseller arrangement we have agreed to in writing.
Our property and your feedback
The Service, its software, design, documentation and trademarks belong to Intrakit LLC or its licensors. You get a limited, non-exclusive, non-transferable right to use the Service while you have an account. If you send us suggestions or feedback we can use them without obligation to you.
Availability and changes
We work to keep the Service available and will tell you about planned maintenance where we can, but we do not guarantee uninterrupted operation. Delivery of text messages depends on mobile carriers and is not guaranteed. We may add, change or remove features. If we remove something important to you we will try to give reasonable notice.
Suspension and closing your account
We may suspend or close your account if you break these terms, if a payment remains unpaid, or if your use puts the Service, our messaging numbers or other customers at risk. Where practical we will warn you first. You can close your account at any time by contacting us. When an account is closed we delete its data as described in the privacy policy, so export anything you need before you close it.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT AI-GENERATED ANSWERS WILL BE ACCURATE, OR THAT ANY MESSAGE WILL BE DELIVERED.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, INTRAKIT LLC AND ITS OFFICERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST LEADS OR LOST DATA, ARISING FROM THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE FEES YOU PAID US IN THE THREE MONTHS BEFORE THE CLAIM AROSE. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.
Indemnity
You will defend and indemnify Intrakit LLC against claims, losses and reasonable legal costs arising from your content, your website, the messages sent through your account, your breach of these terms, or your breach of any law, including messaging and privacy laws.
Disputes
These terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules. If you have a dispute with us, contact us first: you and we agree to try in good faith to resolve any dispute informally for at least 30 days after one of us gives the other written notice of it.
If we cannot resolve it informally, either of us may require that it be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Utah or by video conference. Arbitration is on an individual basis only: neither of us may bring or take part in a class, collective or representative action, and by agreeing to these terms you and we each give up the right to a jury trial. Either of us may instead bring an individual claim in small-claims court, and either of us may seek an injunction in court to protect intellectual property or confidential information. Anything not subject to arbitration will be brought in the state or federal courts located in Utah County, Utah, and you consent to their jurisdiction.
Changes to these terms
We may update these terms. We will post the new version here with a new date and, for changes that materially affect you, tell account holders by email at least 14 days before they take effect. Continuing to use the Service after that date means you accept the new terms.
General
These terms, with the policies they reference, are the entire agreement between you and us about the Service. If any part is found unenforceable the rest still applies. Our not enforcing a term is not a waiver of it. You may not assign these terms without our consent; we may assign them to a successor of our business. Neither of us is liable for delays caused by events outside our reasonable control. Notices to you go to the email address on your account; notices to us go to the address below.
Contact
Questions about these terms: email support@textdrift.com or use our contact page. Text Drift is operated by Intrakit LLC.