Terms and Conditions

Last Updated: December 12, 2024

These Terms and Conditions (“Terms”) govern your access to and use of the website MyPetsText.com (the “Website” ), and the related services, features, products, and content provided by Nehmedia, Inc. (“Company,” “we,” “us,” or “our”). By accessing or using our Website or services (together, the “Service” ), you agree to be bound by these Terms. If you do not agree to these Terms, please discontinue using the Service.

1. Eligibility and Accounts

• 1.1 Eligibility: You must be at least the age of majority in your jurisdiction (typically 18 years old) to use the Service. By using the Service, you represent and warrant that you meet this requirement.
• 1.2 Account Creation: To access certain features, you may be required to create an account. You agree to provide accurate and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2. Description of Service

The Service provides AI-generated text and image messages from your pets, based on information you provide. The Service is intended solely for entertainment purposes.

3. Free Trial and Credits

• 3.1 A 7-Day Free Trial: New users may register to receive a free 7-day trial, including 30 credits that can generate 10 or more messages without any obligation, payment, or credit card information required. You must provide user information including name, email, mobile phone, address, and information about your pet that includes breed, color and markings, or images of your pet.
• 3.2 No Obligation: During the 7-day trial period, you may use the credits to experience the Service. There is no obligation to continue after the trial expires.
• 3.3 Expiration of Trial Credits: Any unused trial credits will expire at the end of the 7-day trial period.

4. Subscriptions and Credit Purchases

• 4.1 Subscription Plans: New users may register to receive a free 7-day trial, including 30 credits After the free trial, you may choose to continue using the Service by subscribing to one of our monthly or annual plans or by purchasing credits on an as-needed basis.
• 4.2 No Refunds: Because the Service includes a free, no-obligation trial, we do not offer refunds on purchased subscriptions or credits, including monthly or annual subscriptions.
• 4.3 Auto-Renewal: Subscription plans may be set to auto-renew at the end of each billing cycle unless you choose otherwise. You will have the option to set auto-renewal preferences in your account settings. If you elect auto-renewal, you authorize us to charge your chosen payment method on a recurring basis until you cancel.
• 4.4 Reminders and Renewal Notifications: If you do not opt in to auto-renew, we may send you reminders via email and/or text message before your subscription expires, prompting you to renew manually.
• 4.5 Cancellation: You may cancel your subscription at any time through your account dashboard on the Website. Canceling your subscription will prevent future charges, but no refunds will be issued for the current billing period. Stopping message delivery by replying “STOP” to text messages does not cancel your subscription or remove payment obligations. You must log in to your account to manage your subscription settings.

5. Gift Subscriptions and Credits

• 5.1 Gifting Options:You may purchase gift subscriptions or gift credits for others. Gift recipients must create their own accounts to redeem and use gifted subscriptions or credits.
• 5.2 No Refunds on Gifts: All gift subscriptions and credits are non-refundable. Once delivered to the recipient, they are subject to these Terms and any limitations associated with the chosen plan or credit package.

6. Message Delivery and Content

• 6.1 Message Generation:The Service generates AI-based text and image messages that are fictional, intended for entertainment, and should not be relied upon for any factual, medical, legal, or other professional advice.
• 6.2 Frequency of Messages: The number and frequency of messages may vary based on your subscription level, available credits, and preferences.

7. Messaging Services and Delivery

• 7.1 Use of Third-Party Providers:The Service may use third-party providers to facilitate SMS, MMS, and RCS message delivery to your mobile device. While we strive for reliable delivery, technical issues, carrier policies, or spam filters may cause some messages to fail.
• 7.2 Failed Message Delivery Attempts: If we do not receive confirmation from our third-party provider that a text-based message was successfully sent to your device after three (3) attempts, we will instead send the message via the email address associated with your account. Messages that fail to be sent via SMS/MMS/RCS and are delivered by email will not be deducted from your available credits.
• 7.3 Carrier Issues:If you repeatedly receive emails indicating that messages cannot be delivered, this may be due to technical restrictions or filtering by your mobile carrier. In such cases, you may need to contact your mobile carrier directly to resolve the issue.
• 7.4 Non-Liability for Delivery Failures: We do not guarantee uninterrupted or error-free message delivery and are not responsible for delays or failures caused by third-party providers or mobile carriers. You acknowledge and agree that message delivery may be subject to limitations and restrictions beyond our control.

8. User Conduct

• 8.1 Prohibited Use:You agree not to use the Service for any unlawful, harmful, fraudulent, or otherwise objectionable purpose. You will not impersonate any person or entity, misrepresent your affiliation, or submit content that is hateful, defamatory, obscene, or infringes another’s rights.
• 8.2 Compliance with Laws: You agree to comply with all applicable laws and regulations in connection with your use of the Service.

9. Intellectual Property Rights

• 9.1 Ownership:All content, trademarks, and other intellectual property rights related to the Service are owned by or licensed to us, except for user-generated content you provide.
• 9.2 License to You: Subject to these Terms, we grant you a limited, non-exclusive, non- transferable license to access and use the Service for your personal, non-commercial use.

10. AI-Generated Messages and Visibility

• 10.1 Private Messages:All messages generated by our Service’s AI on your behalf will initially be considered private and visible only to you and any recipients you explicitly add to your account.
• 10.2 Public Messages: You have the option to make specific messages public by selecting “Make Public” within your personal Pet Gallery. Once made public, these messages will appear in the Website’s public gallery, accessible to all visitors.
• 10.3 Download and Sharing: You may download individual AI-generated messages to your desktop or mobile device and share them for personal, non-commercial purposes, including posting on social media or printing them. Any use beyond personal, non-commercial purposes may be subject to additional restrictions as described in these Terms.

11. Disclaimers and Limitations of Liability

• 11.1 As-Is Basis:The Service is provided on an “as is” and “as available” basis without warranties of any kind, express or implied. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• 11.2 No Guarantee of Accuracy: We do not guarantee the accuracy, reliability, or completeness of any content generated by the Service.
• 11.3 Limitation of Liability: To the fullest extent permitted by law, in no event will Nehmedia, Inc., its officers, directors, employees, agents, or affiliates be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for loss of profits or revenues, whether incurred directly or indirectly, or for any loss of data, use, goodwill, or other intangible losses, arising out of or related to your use of the Service. In no event shall the total liability of Nehmedia, Inc. for any and all claims arising out of or related to these Terms exceed the total amount you have paid to Nehmedia, Inc. in the twelve (12) months immediately preceding the date of the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

13. Changes to These Terms

We reserve the right to update these Terms at any time by posting the revised Terms on the Website. Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the changes. We recommend reviewing these Terms periodically for any updates.

14. Termination

We reserve the right to suspend or terminate your access to the Service at any time, for any reason, including if we believe you have violated these Terms. Upon termination, you must cease using the Service.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts located in the State of Texas.

16. Contact Information

If you have any questions, concerns, or requests related to this Privacy Policy or our privacy practices, please contact us at:

MyPetsText c/o
Nehmedia, Inc.
9600 Great Hills Trail, Suite 150W
Austin, Texas 78759
support@mypetstext.com
512-828-6763

17. Entire Agreement

These Terms and any other policies referenced herein constitute the entire agreement between you and Company regarding your use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please discontinue using the Service.