Terms of Service

Last updated: August 8, 2026

These terms are a binding agreement between WesNelson LLC ("TxtFyre", "we") and the business on whose behalf you create a workspace ("you"). By creating an account or using the service, you accept them. If you're accepting for a company, you represent that you're authorized to. TxtFyre is also offered under the FarmerText brand at farmertext.com; these terms govern both.

The service

TxtFyre provides tools to send and receive text messages with people who have consented to hear from your business. We provide the platform; you provide the audience, the consent, and the content. You keep ownership of your subscriber lists and message content, and you can export them at any time. We use them only to operate the service for you.

Consent is your responsibility

You may only message people who have given the consent required by law for the type of message you send. You are solely responsible for obtaining, documenting, and honoring that consent under all applicable laws and rules — including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing laws, and CTIA and carrier messaging guidelines. Purchased, rented, or scraped contact lists are prohibited. TxtFyre honors opt-outs automatically (STOP), and you must never attempt to message someone who has opted out. You will indemnify and hold TxtFyre harmless from any claim, penalty, or cost (including reasonable attorneys' fees) arising from the recipients you choose to message, the consent you did or did not obtain, or the content you send.

Acceptable use

No unlawful, deceptive, or harassing content. No content prohibited or restricted by carriers, including the SHAFT categories (sex, hate, alcohol, firearms, tobacco), cannabis, illegal substances, phishing, or evasion techniques (such as intentionally misleading sender information or content designed to defeat filtering). Carrier registration information you submit (business identity, sample messages, opt-in descriptions) must be accurate — it is a compliance attestation to the carriers, not marketing copy.

Plans, billing, and the free trial

Plans bill monthly in advance through Stripe and renew until cancelled. Each plan includes a monthly message allowance; when you reach it, sending pauses until your next cycle, an upgrade, or prepaid message credit you choose to add — we never bill automatic overage charges. If a renewal payment fails, we retry and notify you, and sending is paused until payment succeeds. We may change plan pricing with at least 30 days' notice, effective at your next renewal. Fees are exclusive of any applicable taxes, which are your responsibility where we are required to collect them, and are non-refundable except where the law requires. The free trial includes a limited number of messages to a limited number of recipients on a TxtFyre-provided number, carries an identifying watermark, and may be reclaimed after the trial lapses.

Text messaging program

By opting in to receive text messages from a business that uses TxtFyre, you consent to receive recurring automated marketing and informational text messages from that business. Message frequency varies. Message and data rates may apply. Reply STOP to any message to opt out, or HELP for help. Carriers are not liable for delayed or undelivered messages.

Payments (Text-to-Pay)

If you connect a Stripe account, payment links you send are processed by Stripe on YOUR Stripe account under your agreement with Stripe — you are the merchant of record, funds never pass through TxtFyre, and refunds, disputes, and taxes on those sales are between you, your customer, and Stripe. Only request payment from people who expect it.

Your account

You're responsible for activity in your workspace, for your team members' use, and for keeping credentials and API keys secret. Tell us promptly about any unauthorized use.

Suspension and termination

We may suspend or restrict a workspace that violates these terms, carrier rules, or the law, or that creates risk for the platform, other customers, or message recipients — immediately where the risk is active, otherwise with notice. You can cancel at any time; on cancellation you may export your data and request deletion of your workspace, which we carry out as described in the Privacy Policy.

Service changes and availability

We improve the service continuously and may change or discontinue features with reasonable notice for material changes. Text-message delivery ultimately depends on carriers and networks we don't control; we don't guarantee that any particular message will be delivered or delivered on time.

Intellectual property and license

We grant you a limited, non-exclusive, non-transferable, revocable license to use the service for your own business while your subscription is active. TxtFyre and its licensors retain all rights in the platform, software, and branding. You may not resell or provide the service to third parties as a service bureau, reverse engineer it except where the law permits, scrape it, or use it to build a competing product. If you send us feedback, we may use it without obligation to you.

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. TXTFYRE IS NOT A LAW FIRM AND NOTHING IN THE SERVICE (INCLUDING COMPLIANCE TOOLING) IS LEGAL ADVICE.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA; AND (b) OUR TOTAL LIABILITY ARISING OUT OF THE SERVICE IS LIMITED TO THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS OR TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

General

These terms are governed by the laws of the State of Missouri, and disputes will be resolved in the state or federal courts located there, except where the law of your jurisdiction requires otherwise. If any provision is unenforceable, the rest remain in effect. We may update these terms; material changes will be notified to account owners, and continued use after the effective date is acceptance. Questions: txtfyre.com/contact.