These Terms of Service ("Terms") are an agreement between you and Malloy Ventures LLC, a Colorado limited liability company doing business as Text to Cover ("Text to Cover," "we," "us"). They cover our website at texttocover.com, our text line, and everything we offer through them (the "Service"). By joining, texting our number, or using the website, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Service.
Please read section 12 carefully. It says most disagreements will be settled by individual arbitration instead of in court, and that you give up the right to bring or join a class action.
Text to Cover is for businesses and their team members. You must be at least 18 years old, work for or with an organization that uses Text to Cover, and have a U.S. mobile number you're allowed to use.
Text to Cover is a texting tool. A manager posts a shift that needs covering, team members who signed up for that location get a text and reply, and a supervisor approves who covers it. We then text the people involved.
That's all we do. We are not your employer and not a staffing agency. We don't decide who works, set pay or schedules, or guarantee that any shift gets covered. Your organization is responsible for its scheduling, pay, and employment decisions, and for following employment laws.
We or your organization may remove you from the Service. We may limit, pause, or close any account at any time if we believe it breaks these Terms, puts anyone at risk, or could harm the Service or our standing with phone carriers.
Text to Cover is free for team members. Organizations pay for the Service under a separate agreement with us.
Our Privacy Policy explains what we collect and how we use it. Your organization can see your name, number, and your answers to shift texts.
You keep ownership of what you send. You give us permission to store, copy, and send it as needed to run the Service.
We may change, pause, or stop any part of the Service at any time.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DON'T GUARANTEE THAT ANY SHIFT WILL BE COVERED.
TO THE FULLEST EXTENT THE LAW ALLOWS, TEXT TO COVER, MALLOY VENTURES LLC, AND ITS OWNERS, MEMBERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR WAGES OR UNCOVERED SHIFTS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. FOR TEAM MEMBERS, WHO USE THE SERVICE FOR FREE, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT BE MORE THAN $50. Some places don't allow some of these limits, so they apply to you only as far as the law allows.
You agree to defend, cover, and hold harmless Text to Cover, Malloy Ventures LLC, and its owners, members, employees, and contractors from any claims, damages, losses, and costs (including reasonable attorneys' fees) that come from your use of the Service, what you send, or your breaking these Terms or the law.
Talk to us first. If you have a problem, email hello@texttocover.com, and we'll try to work it out within 60 days.
Arbitration. If we can't, you and we agree that any dispute about the Service or these Terms will be resolved by final, binding arbitration on an individual basis, run by the American Arbitration Association under its Consumer Arbitration Rules, instead of in court. Either of us may instead bring an individual claim in small claims court if it qualifies.
No class actions. You and we each agree to bring claims only in our individual capacity, and not as a plaintiff or class member in any class, group, or representative action.
Opting out. You can opt out of this arbitration agreement by emailing us within 30 days after you first accept these Terms, with your name, phone number, and a clear statement that you're opting out.
If any part of this section is found unenforceable, the rest still applies, but the class action waiver can't be removed: if it's unenforceable, the whole arbitration agreement doesn't apply to that dispute.
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules. Any case that isn't arbitrated will be brought only in the state or federal courts in Denver, Colorado, and you and we agree to those courts.
We may update these Terms. The date at the top shows the latest version. Using the Service after a change means you accept the updated Terms.
These Terms and the Privacy Policy are the whole agreement between you and us about the Service, except for any separate agreement between us and your organization. If any part of these Terms can't be enforced, the rest still applies. If we don't enforce a part right away, we haven't given up the right to enforce it later.
Malloy Ventures LLC, doing business as Text to Cover · Denver, Colorado · hello@texttocover.com