Terms of Service

Version 1.0 · Last revised October 23, 2026

texthand.co (the "Site") and the Texthand service (with the Site, the "Service") are owned and operated by AskHercules LLC ("Texthand," "us," "our" or "we").

These Terms of Service ("Terms") govern your use of the Service. By using the Service, creating an account, or texting a Texthand number, you agree to these Terms on behalf of yourself or the business you represent, and you confirm you have the authority to do so. You must be at least 18 years old to create an account. If you don't agree to these Terms, don't use the Service.

IMPORTANT: please read Section 17 carefully. It requires most disputes to be resolved by binding individual arbitration instead of in court, and it waives class actions and jury trials. You have 30 days to opt out, as described in Section 17.

1. The Service

Texthand gives a business a text line. An AI assistant answers customers' texts, asks questions, collects photos and books appointments, and hands conversations to the business's team when a person should take over. Team members get those conversations as texts on their own phones, and their replies go out from the business number. Calls to a Texthand number get a short recorded message and a text.

2. Text messaging terms

Texts from Texthand to business owners and team members. When you create an account, are added to a team, or join a waitlist, you agree to get these texts from Texthand at the mobile number you give us:

sign-in and verification codes;
customer conversations relayed to your phone (team members confirm by replying YES);
urgent-request alerts;
account and billing notices;
for a waitlist, one text when Texthand is ready for your kind of business.

Texts between a business and its customers. When you text a business's Texthand number, that business replies to you through Texthand about your request. Its AI assistant says it's an AI in its first message. Replies from the business's team come from the same number.

For all Texthand texts:

Message frequency varies.
Message and data rates may apply.
Reply HELP for help, or email hello@texthand.co.
Reply STOP to opt out at any time. You'll get one text confirming it, and no more texts from that number unless you reply START.
Carriers are not liable for delayed or undelivered messages.
Consent to receive texts is not a condition of any purchase.

Our Privacy Policy explains how we handle mobile numbers. We never share text messaging opt-in data or consent with third parties.

3. Accounts

Creating an account. Give us accurate and complete information and keep it current.

Account security. You're responsible for keeping sign-in codes private and for all activity under your account, including your team's. Tell us right away if you think your account was accessed without permission.

Acceptable use. Use Texthand only to text people about their requests to your business. You may not:

send spam or texts to purchased or scraped lists;
send texts that are illegal, misleading, harassing or harmful;
send content that breaks carrier rules;
use Texthand for any kind of business it doesn't yet support.

We may suspend an account that breaks these rules or carrier rules.

Your business. You're responsible for the services you provide to your customers and for the information you give Texthand to answer them. Check your settings, and step in when a conversation needs a person.

4. Fees and billing

Carrier registration: $79 one time, required by US carriers for business texting. Your second month is included.
Monthly plan: $49 per month, including 30 customer conversations. Each additional conversation is $0.89.
Team: 3 people are included; each extra team member is $10 per month. Optional done-with-you setup is $299.
Spend limit: you can set a monthly spend limit. When you reach it, new texts go to your team instead of the AI, and emergencies are always handled.
What counts as a conversation: one customer, for up to 7 days, however many texts. Callers who don't text back, spam and STOP don't count.
Payment: fees are billed in advance by card. They are non-refundable except where the law requires.
Price changes: we'll give you at least 30 days' notice before changing prices.

5. Cancelling and your number

You can cancel at any time; there's no contract. Your Texthand number belongs to your business. You can move it to another provider at no charge, and we'll hold it for 30 days after you cancel so you have time to move it. You can download your conversations and contacts at any time, including after you cancel.

6. Access to the Site

License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own personal or internal business purposes.

Restrictions. You may not:

license, sell, rent, lease, transfer or commercially exploit the Service;
modify, reverse-engineer or create derivative works from any part of the Service;
access the Service to build a competing product;
copy or republish any part of the Service except as these Terms allow.

Changes to the Service. We may modify, suspend or discontinue any part of the Service. We'll give business customers reasonable notice of material changes when we can.

Ownership. We and our suppliers own all intellectual property rights in the Service. These Terms don't transfer ownership to you.

Feedback. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without attribution.

7. Your data

Your business owns its customer conversations and contacts. You grant us the rights needed to process them to provide the Service, as described in our Privacy Policy. You also allow us to create de-identified data from them, with names, numbers, addresses and other identifying details removed, and to use that data to improve the Service and to train our own AI models. You can opt out of training at any time by emailing hello@texthand.co. You're responsible for having the right to give us the information you provide.

8. Privacy

Your use of the Service is also governed by our Privacy Policy at texthand.co/privacy, which is part of these Terms. If these Terms and the Privacy Policy conflict about personal information, the Privacy Policy controls.

9. Indemnification

You agree to defend, indemnify and hold harmless Texthand and its officers, employees and agents from claims, and reasonable costs and attorneys' fees, arising out of:

your use of the Service;
messages sent from your business's Texthand number;
your violation of these Terms;
your violation of any law or third-party right.

We may take control of the defense of any such claim, and you agree to cooperate. You may not settle a claim without our written consent.

10. Third-party services

The Service works with third-party services, such as phone carriers, calendars and job-management tools, and links to third-party sites. We don't control them and aren't responsible for them. Their own terms and privacy practices apply.

11. Availability and emergencies

We work to keep Texthand running, but texts depend on carriers and other providers. We can't promise every message will be delivered on time, or that the Service will never be interrupted. Texthand is not an emergency service. Anyone with an emergency should call 911.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, TEXTHAND AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT AI-WRITTEN REPLIES WILL ALWAYS BE ACCURATE. WHERE THE LAW REQUIRES WARRANTIES, THEY ARE LIMITED TO 90 DAYS FROM YOUR FIRST USE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(A) TEXTHAND AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COSTS OF SUBSTITUTE SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE;
(B) OUR TOTAL LIABILITY FOR ANY CLAIM IS CAPPED AT THE GREATER OF $50 AND THE AMOUNT YOU PAID US IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. MULTIPLE CLAIMS DON'T INCREASE THIS CAP.

14. Term and termination

These Terms apply while you use the Service. You can cancel at any time (Section 5). We may suspend or end your access if you break these Terms or carrier rules, or if the law requires it. When we end access for a reason other than a violation, we'll give you notice and a chance to download your data. Sections 6 (Ownership and Feedback), 7, 9, 12, 13, 15, 16 and 17 survive termination.

15. State-specific notices

These notices apply only to users subject to the laws of the states named. If one conflicts with another part of these Terms, the state-specific notice controls for those users.

California. Under California Civil Code Section 1789.3, the provider of the Service is AskHercules LLC, 5912 Hansen Rd, Edina, MN 55436, hello@texthand.co. To file a complaint, write to that address or email us. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, (800) 952-5210. California residents may have rights under the California Consumer Privacy Act; see our Privacy Policy.
Colorado, Connecticut, Minnesota, Virginia and other states with comprehensive privacy laws. You may have rights to access, correct, delete and get a copy of your personal data, and to opt out of targeted advertising, sales and certain profiling. See our Privacy Policy.
Nevada. You may ask us not to sell certain information about you. We don't sell personal information; to make a request, email hello@texthand.co.

16. General

Changes to these Terms. We may update these Terms. If we make material changes, we'll tell business owners by email or text and post a notice on the Site. Continuing to use the Service after notice means you accept the updated Terms.

Governing law. These Terms are governed by the Federal Arbitration Act and the laws of the State of Minnesota, without regard to conflict-of-law rules. For any dispute not subject to arbitration under Section 17, you and Texthand consent to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota. Either party may bring an individual claim in small claims court, or seek an injunction to protect intellectual property, in any court with jurisdiction.

Export. You agree not to export or transfer anything from the Service in violation of U.S. export laws.

Electronic communications. You agree to receive communications from us electronically (email, text, or notices on the Site), and these satisfy any requirement for written notice.

Accessibility. We aim to meet the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If anything on the Site is hard to use, email hello@texthand.co.

Entire agreement. These Terms, with the Privacy Policy, are the entire agreement between you and Texthand about the Service. If a provision is invalid, it will be limited to the minimum extent necessary, and the rest stays in effect. Not enforcing a provision doesn't waive it. "Including" means "including without limitation." You may not assign these Terms without our written consent; we may assign them.

Contact. AskHercules LLC, 5912 Hansen Rd, Edina, MN 55436 · hello@texthand.co

17. Dispute resolution

Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

Applicability. Except as described below, you and Texthand agree to resolve all disputes arising out of or relating to the Service or these Terms through binding individual arbitration, not in court. Exceptions: (i) claims that qualify for small claims court, brought on an individual basis; and (ii) requests for equitable relief related to intellectual property, such as trademarks, trade secrets or copyrights. This arbitration agreement applies to all claims, including those that arose before you agreed to these Terms.

Try to resolve it first. Before starting arbitration, the party raising the dispute must send the other party written notice (an "Informal Notice"). Within 45 days of receiving it, the parties will meet by phone or video in good faith to try to work things out. Texthand's notice address is hello@texthand.co, or AskHercules LLC, 5912 Hansen Rd, Edina, MN 55436. If the dispute isn't resolved within 60 days of the Informal Notice, either party may start arbitration.

Arbitration rules. JAMS (www.jamsadr.com) will administer the arbitration. Claims under $250,000 (not counting fees and interest) use JAMS' Streamlined Arbitration Rules; larger claims use its Comprehensive Arbitration Rules. Unless the parties agree otherwise, the arbitration takes place in the county where you live or where your business is located. All arbitration materials and documents are confidential.

Arbitration request. The request must include: (i) your contact information and the phone number on your account, if any; (ii) a description of the claims and the facts supporting them; (iii) the relief you're seeking and a good-faith estimate of damages; (iv) confirmation that you completed the informal resolution process; and (v) proof of payment of any required filing fee.

Authority of the arbitrator. The arbitrator decides all arbitrable disputes, including the scope and enforceability of this arbitration agreement, except that a court, not the arbitrator, decides: (i) challenges to the class action waiver below; (ii) disputes about arbitration fees; (iii) whether a condition for starting arbitration has been met; and (iv) which version of this agreement applies. The arbitrator may award the same relief as a court, but only on an individual basis. The award is final and binding, and judgment on it may be entered in any court with jurisdiction.

Waiver of jury trial. BY AGREEING TO ARBITRATION, YOU AND TEXTHAND WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL COVERED CLAIMS.

Waiver of class actions. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER YOU NOR TEXTHAND MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. If a court finds this waiver unenforceable for a specific claim, that claim may be brought in the state or federal courts in Hennepin County, Minnesota; all other claims remain subject to arbitration.

Attorneys' fees. Each party pays its own attorneys' fees, unless the arbitrator finds a claim was frivolous or brought for an improper purpose.

Batch arbitration. If 100 or more substantially similar arbitration demands are filed against Texthand within 30 days by the same law firm or coordinated group, JAMS will group them into batches of 100, with one arbitrator and one set of fees per batch.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by writing to hello@texthand.co or AskHercules LLC, 5912 Hansen Rd, Edina, MN 55436. Include your name, address and the phone number on your account (if any), and a clear statement that you want to opt out. Opting out doesn't affect the rest of these Terms.

Severability. If any part of this arbitration agreement is found invalid, it will be changed to the minimum extent needed to make it enforceable, and the rest stays in effect.