These Terms of Service ("Terms") govern your access to and use of the Texty platform at texty.app and any related applications, dashboards, APIs and services (together, the "Service"). They form a legally binding agreement between you (the business or individual that registers a Texty account — "you", "your", or the "Merchant") and Texty Technologies Ltd (a company registered in England and Wales under company number 17274662, whose registered office is at 102 Willmott Road, Sutton Coldfield, United Kingdom B75 5NW — "Texty", "we", "us", or "our").
By creating an account, ticking the acceptance box, or using the Service, you confirm that you accept these Terms and have authority to bind the business on whose behalf you are registering. If you do not accept these Terms, do not use the Service.
Important — please read clauses 8 (The Underlying Transaction), 13 (Disclaimers) and 14 (Limitation of Liability) carefully. They limit our responsibility and confirm that Texty is a software and payment-facilitation tool only, and is not a party to, and is not responsible for, the work, goods or services you supply to your customers.
In these Terms:
2.1 To use the Service you must: (a) be at least 18 years old; (b) be a sole trader, partnership, company or other business established in the United Kingdom and acting in the course of business; and (c) be able to enter into a legally binding contract.
2.2 The Service is intended for use by businesses. You acknowledge that you are entering into these Terms in the course of your business and not as a consumer, and that the statutory protections that apply to consumer contracts do not apply to your use of the Service, except to the extent that those protections cannot lawfully be excluded.
2.3 We may refuse, suspend or terminate any registration at our discretion, including where Stripe declines to onboard or verify you.
3.1 You must provide accurate, current and complete information when registering and keep it up to date.
3.2 You are responsible for all activity under your account and for keeping your login credentials secure. You must notify us promptly at [email protected] if you suspect any unauthorised use.
3.3 Authentication for the Service is provided through our identity and database provider. You are responsible for the security of the email account and devices used to access the Service.
4.1 The Service allows you to: create payment links and invoices; send them to Customers by SMS, WhatsApp, email or other channels; accept card and digital-wallet payments and (where enabled) BNPL; track payments on a dashboard; export records; and receive payouts to your Connected Account.
4.2 The Service is a tool for creating and sending payment requests and for tracking the resulting payments. We do not collect, hold, transmit or have possession or control of the funds paid by your Customers. All payment processing, settlement and payout is carried out by Stripe under the Stripe Agreements (see clause 5).
4.3 We may add, change, suspend or remove features of the Service at any time. We will give you reasonable notice of any change that materially and adversely affects your use of the Service, except where the change is required for legal, security or operational reasons.
4.4 We do not guarantee that the Service will be uninterrupted, error-free or available at any particular time. The Service is provided on an "as available" basis.
5.1 Payment processing on the Service is provided by Stripe, not by Texty. To accept payments you must create and maintain a Stripe Connect Express account. Stripe carries out identity verification and "know your customer" (KYC) checks, anti-money-laundering screening and related compliance steps directly with you.
5.2 Your use of the Connected Account and Stripe's payment services is governed by your direct agreement with Stripe, including the Stripe Connected Account Agreement (currently at https://stripe.com/legal/connect-account) and the Stripe Services Agreement (currently at https://stripe.com/legal/ssa), together with any other terms Stripe requires you to accept (the "Stripe Agreements"). By using the Service to accept payments, you agree to be bound by the Stripe Agreements, which are incorporated into these Terms by reference. Your relationship with Stripe is a direct contractual relationship between you and Stripe.
5.3 You are responsible for complying with the Stripe Agreements and with the applicable card-scheme rules. Stripe may suspend, restrict or close your Connected Account, hold or reverse funds, or impose reserves in accordance with the Stripe Agreements. We have no control over, and accept no responsibility or liability for, Stripe's decisions, its availability, its fees, its holding or settlement of funds, or any act or omission of Stripe.
5.4 You authorise us to instruct Stripe, and to give and receive instructions and information to and from Stripe, in connection with your Connected Account and the payments you process through the Service, including to deduct and collect the Platform Fee under clause 6.
5.5 Payouts of the amounts collected from your Customers (less applicable fees) are made by Stripe directly to the bank account you connect. The timing and method of payouts are determined by Stripe.
6.1 The Service is free to register. We charge a Platform Fee on each transaction successfully processed through the Service, at the following rates:
| Payment method | Platform Fee |
|---|---|
| Card, Apple Pay, Google Pay | 2.5% of the transaction value + £0.50 |
| Buy Now, Pay Later (BNPL) | 7% of the transaction value + £0.50 |
6.2 The Platform Fee is all-inclusive — it covers Stripe's underlying payment-processing costs. You will not be charged any additional fee by Texty on top of the rates in clause 6.1. Stripe's own fees are absorbed within the Platform Fee and are not charged to you separately by Texty.
6.3 The Platform Fee is collected as a Stripe Connect application fee deducted at source by Stripe at the time of the transaction, before the balance is paid out to your Connected Account. You authorise this deduction. You will never need to pay the Platform Fee separately or in arrears — it is always deducted automatically from the transaction proceeds.
6.4 For clarity, the amount your Customer pays is the amount shown on the payment link. You must not add any surcharge, processing fee or other additional charge to the amount shown on the payment link in order to recover the Platform Fee from your Customer. See clause 7.4.
6.5 The Platform Fee is quoted exclusive of VAT. Texty Technologies Ltd is not currently VAT-registered. If Texty becomes VAT-registered in future, we will give you at least 30 days' notice and update these Terms accordingly.
6.6 We may change the Platform Fee or introduce new charges by giving you at least 30 days' notice by email or through the Service. If you do not accept the change, your remedy is to stop using the Service and close your account before the change takes effect. Continued use after the change takes effect constitutes acceptance.
6.7 Treatment of the Platform Fee on refunds and chargebacks is set out in our Refund & Dispute Policy.
7.1 You must use the Service only for lawful business purposes and in compliance with all applicable laws, regulations and card-scheme rules.
7.2 You must not use the Service to request or collect payment for, or otherwise in connection with:
7.3 You must not: (a) attempt to gain unauthorised access to, interfere with, or disrupt the Service; (b) introduce malicious code; (c) reverse engineer, copy or create derivative works from the Service except to the extent permitted by law; (d) use the Service to send unlawful, unsolicited or harassing communications; or (e) misrepresent your identity or your relationship with Texty.
7.4 You must not surcharge your Customers for paying by card or using BNPL. Under the Payment Services Regulations 2017 (implementing EU Directive 2015/2366, retained in UK law) and the Consumer Rights Act 2015, it is unlawful to impose a surcharge on a consumer for using a particular payment method. The amount shown on your payment link must be the total amount your Customer is required to pay — you may not add any fee, surcharge or uplift to recover the Platform Fee or any other processing cost from your Customer. Any breach of this obligation is solely your responsibility and you will indemnify us against any resulting claim, penalty or liability under clause 15.
7.5 You are responsible for ensuring that any message you send through or facilitated by the Service (including SMS, WhatsApp and email) complies with applicable law, including marketing, electronic-communications and privacy law (for example the Privacy and Electronic Communications Regulations), and that you have any necessary consent from the recipient.
8.1 The contract for the goods, services or works you supply is solely between you and your Customer. Texty is not a party to the Underlying Transaction.
8.2 You are solely responsible for the Underlying Transaction, including: the goods, services or works themselves; their quality, safety, fitness, timing and completion; the materials used; your pricing; the description and amount of each invoice or payment request; any warranties or guarantees you give; compliance with any consumer-protection, licensing, health-and-safety or other law that applies to your trade; and the resolution of any dispute, complaint, cancellation, return or refund with your Customer.
8.3 Texty does not perform, supervise, inspect, endorse, warrant or accept any responsibility or liability for the work, goods, services, materials, workmanship, quality, timing, safety, pricing or conduct relating to any Underlying Transaction, or for any dispute between you and a Customer. Any issue a Customer has with the work or goods is a matter between you and the Customer.
8.4 You will handle Customer disputes, complaints and refund requests relating to the Underlying Transaction yourself, in accordance with your legal obligations and our Refund & Dispute Policy. You authorise us and Stripe to comply with chargeback and dispute processes and with any binding direction of a card scheme, Stripe or a court.
8.5 You will indemnify us in accordance with clause 15 in respect of any claim arising out of an Underlying Transaction.
9.1 Where BNPL is enabled, your Customers may be offered the option to pay in instalments by a BNPL Provider through Stripe. Texty is not a lender and does not provide credit, credit broking, or any financial or credit advice.
9.2 Any credit or instalment arrangement is a separate agreement between your Customer and the BNPL Provider, on the BNPL Provider's own terms. Texty is not a party to that arrangement and makes no representation about its terms, availability, eligibility criteria or outcome.
9.3 Whether you receive funds in full at the time of a BNPL transaction, and how BNPL refunds, returns and clawbacks are handled, are determined by Stripe and the BNPL Provider. You should review the relevant Stripe and BNPL Provider terms before enabling BNPL.
9.4 You are responsible for ensuring that any reference you make to BNPL in your own communications or materials is accurate and complies with applicable law. Our Legal & Regulatory Disclaimer contains further important information about BNPL and Texty's regulatory status.
10.1 We and our licensors own all intellectual property rights in the Service, including its software, design, content and trade marks. Nothing in these Terms transfers any of those rights to you.
10.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during the term of these Terms, subject to your compliance with them.
10.3 You retain all rights in the content and data you submit to the Service ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process and transmit Your Content to the extent necessary to provide and improve the Service and to comply with law.
10.4 If you provide feedback or suggestions, we may use them without restriction or obligation to you.
11.1 Our collection and use of personal data in connection with the Service is described in our Privacy Policy.
11.2 To the extent we process Customer Data on your behalf and on your instructions, we act as your processor and you act as the controller, and the data-processing terms in Schedule 1 apply. To the extent we process personal data for our own purposes (for example fraud prevention, security, compliance and improving the Service), we act as a controller as described in our Privacy Policy.
11.3 You confirm that you have a lawful basis to provide Customer Data to the Service and to instruct us to process it, and that you have given your Customers any privacy information required by data-protection law in respect of that processing.
You warrant and undertake that: (a) all information you provide is accurate and not misleading; (b) you will comply with these Terms, the Stripe Agreements, the card-scheme rules and all applicable laws; (c) you have all rights, licences and authorisations necessary to carry on your business and to enter into each Underlying Transaction; and (d) Your Content and your use of the Service do not infringe the rights of any third party.
13.1 The Service is provided "as is" and "as available". To the fullest extent permitted by law, we exclude all warranties, conditions and representations not expressly set out in these Terms, whether express or implied, including any implied terms as to satisfactory quality, fitness for a particular purpose, accuracy and non-infringement.
13.2 We do not warrant that the Service will be uninterrupted, secure or error-free, that defects will be corrected, or that the Service will meet your requirements.
13.3 We are not responsible for the acts or omissions of Stripe, any BNPL Provider, any messaging or telecommunications provider, or any other third party, or for any matter outside our reasonable control.
14.1 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be excluded or limited.
14.2 Subject to clause 14.1, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: (a) loss of profit, revenue, business, goodwill, anticipated savings or opportunity; (b) loss or corruption of data; (c) business interruption; or (d) indirect or consequential loss — in each case even if foreseeable and even if we were advised of the possibility.
14.3 Subject to clause 14.1, and without limiting clause 8, we are not liable for any loss or liability arising out of or in connection with any Underlying Transaction, including the work, goods, services or materials you supply, or any dispute with a Customer.
14.4 Subject to clause 14.1, our total aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence) or otherwise, is limited to the greater of (a) the total Platform Fees paid by you to us in the 12 months immediately before the event giving rise to the claim, and (b) £100.
14.5 We have given you the opportunity to obtain your own payment-processing and BNPL arrangements directly, and the allocation of risk in these Terms (including the Platform Fee and the limitations in this clause 14) reflects that the Service is provided to you as a business on these terms.
You will indemnify and hold us harmless against all liabilities, losses, damages, costs and expenses (including reasonable legal fees) that we incur arising out of or in connection with: (a) any Underlying Transaction or any dispute with a Customer; (b) your breach of these Terms, the Stripe Agreements, the card-scheme rules or any applicable law; (c) Your Content; (d) any communication you send through or using the Service; or (e) any claim by a third party (including a Customer, Stripe, a BNPL Provider or a regulator) relating to your use of the Service.
16.1 You may close your account and stop using the Service at any time. Closing your Texty account does not close your Connected Account, which is governed by the Stripe Agreements.
16.2 We may suspend or terminate your access to all or part of the Service immediately, with or without notice, if: (a) you breach these Terms; (b) we reasonably suspect fraud, unlawful activity or risk to us, Stripe, the card schemes or other users; (c) Stripe restricts or closes your Connected Account; (d) we are required to do so by law or by a regulator, court, card scheme or Stripe; or (e) it is necessary to protect the security or integrity of the Service.
16.3 On termination: your licence to use the Service ends; outstanding Platform Fees and amounts owed remain payable; and clauses that by their nature should survive (including 6, 8, 10, 11, 13, 14, 15, 17 and 19, and Schedule 1) will survive.
16.4 We may retain and continue to process data after termination as described in our Privacy Policy and as required by law.
17.1 We may change these Terms from time to time. We will post the updated Terms on the Service and update the "Last updated" date. Where a change materially affects your rights or obligations, we will give you reasonable notice (and at least 30 days' notice for changes to the Platform Fee, as set out in clause 6).
17.2 Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not accept a change, you must stop using the Service and close your account.
If you have a complaint about the Service, please contact us at [email protected] and we will try to resolve it. Complaints about payment processing, settlement or your Connected Account should be raised with Stripe; complaints about a BNPL arrangement should be raised with the relevant BNPL Provider.
19.1 Entire agreement. These Terms, together with the Privacy Policy, the Refund & Dispute Policy and the Legal & Regulatory Disclaimer, are the entire agreement between you and us regarding the Service and supersede any prior agreement. You agree that you have not relied on any statement or representation not set out in these Terms (but this does not exclude liability for fraudulent misrepresentation).
19.2 Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may assign or transfer ours, including on a sale or reorganisation of our business.
19.3 Subcontracting. We may use subcontractors and third-party providers (including Stripe, our hosting and database providers and analytics providers) to provide the Service.
19.4 Third-party rights. Except as expressly stated, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.
19.5 Severance. If any provision is found to be invalid or unenforceable, the remaining provisions continue in force, and the invalid provision will be modified to the minimum extent necessary to make it valid.
19.6 Waiver. A failure or delay in exercising any right is not a waiver of it.
19.7 Notices. We may give notice to you by email or through the Service. You may give notice to us at [email protected].
19.8 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by the laws of England and Wales, and you and we submit to the exclusive jurisdiction of the courts of England and Wales.
These Data Processing Terms apply where and to the extent that Texty (the "Processor") processes Customer Data on behalf of the Merchant (the "Controller") in the course of providing the Service. They form part of the Terms and are intended to satisfy Article 28 of the UK GDPR.
In these terms, "UK Data Protection Law" means the UK GDPR and the Data Protection Act 2018; and "personal data", "processing", "controller", "processor" and "data subject" have the meanings given in UK Data Protection Law.
1. Roles. For Customer Data processed on the Controller's instructions, the Merchant is the controller and Texty is the processor. Where Texty determines the purposes and means of processing (as described in the Privacy Policy), Texty acts as an independent controller and these Schedule 1 terms do not apply to that processing.
2. Scope. Subject matter: provision of the Service. Duration: the term of the Terms plus any retention period required by law. Nature and purpose: hosting, storing, organising and transmitting Customer Data so that the Merchant can create and send payment requests and track payments. Types of personal data: Customer name, mobile number, email address, and invoice/transaction details. Categories of data subjects: the Merchant's Customers.
3. Texty's obligations. Texty will:
4. Sub-processors. The Controller gives general authorisation for Texty to engage sub-processors to provide the Service, including its payment processor (Stripe), hosting and database provider, and analytics provider. Texty will impose data-protection obligations on each sub-processor that are no less protective than these terms, and remains responsible for its sub-processors' performance. Texty will inform the Controller of any intended change concerning the addition or replacement of sub-processors and give the Controller the opportunity to object on reasonable data-protection grounds.
5. International transfers. Where Customer Data is transferred outside the UK, Texty will ensure an appropriate transfer mechanism is in place (such as adequacy regulations or the UK International Data Transfer Agreement / Addendum to the EU Standard Contractual Clauses).
6. Stripe. The Merchant acknowledges that Stripe processes payment and Customer data as a separate, independent controller (and/or under its own processor terms) under the Stripe Agreements, and that those Stripe terms — not this Schedule 1 — govern Stripe's processing.