Terms of Service
These Terms of Service ("Terms") are a binding agreement between you and Flextron Global LLC ("Zap-Phone," "we," "us," or "our") governing your use of the Zap-Phone mobile application and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. By using Zap-Phone, you represent that you meet these requirements and that you will use the Service only for lawful purposes and in accordance with these Terms.
2. What Zap-Phone is
Zap-Phone is a second-line messaging application that lets you obtain one or more additional phone numbers and use them to send and receive text (SMS) messages from your device. The Service is intended for personal, conversational, person-to-person messaging. Messaging is delivered through third-party telecommunications carriers, and message delivery and timing are not guaranteed.
3. Your account
You create an account using Sign in with Apple or email verification. You are responsible for activity that occurs under your account and for keeping access to your device and login method secure. Notify us promptly at support@zap-phone.com if you believe your account has been compromised.
4. Acceptable use
You agree that you will not use the Service, or any number obtained through it, to send or facilitate any message or content that:
- is unsolicited bulk, automated, or commercial messaging (spam);
- harasses, threatens, defrauds, impersonates, stalks, or abuses any person;
- is unlawful, or that promotes illegal goods, services, or activity;
- relates to prohibited "SHAFT" content — sex, hate, alcohol, firearms, or tobacco — where prohibited by carrier rules or law;
- involves phishing, malware, deceptive links, or attempts to obtain another person's credentials or money under false pretenses;
- infringes a third party's intellectual property or privacy rights; or
- violates the messaging rules of the carriers, the CTIA, or applicable law and regulation (including the TCPA and related rules).
You are solely responsible for the content of the messages you send. We may suspend or terminate your access, reclaim numbers, and report activity to carriers or authorities if we reasonably believe you have violated this section. These rules exist in part because mobile carriers require them; violations can result in immediate removal from the network.
5. Messaging consent, opt-out, and rates
When you obtain a number, you consent to send and receive SMS through the Service. Message and data rates may apply and message frequency varies. Anyone may stop messages from a Zap-Phone number by replying STOP, and may request help by replying HELP. You agree to honor STOP requests from people you message and not to circumvent opt-out handling.
6. Prepaid credits and payments
The Service is funded through prepaid messaging credits and time-based blocks purchased as in-app purchases through the Apple App Store. By purchasing, you agree to the following:
- Credits and blocks are a prepaid right to use the Service, are not a stored-value account, bank balance, or cash, and have no monetary value outside the Service.
- All purchases are processed by Apple and are subject to Apple's terms. We do not receive or store your payment card information.
- Credits and blocks are consumed as you use the Service and may expire as described at the time of purchase. Except where required by law or by Apple's refund policy, purchases are non-refundable.
- Prices and the amount of messaging a credit or block provides may change for future purchases.
7. Phone numbers
Numbers made available through the Service are licensed to you for use while your account and the associated credits or block remain active — you do not own them. Numbers may be recycled, reassigned, or reclaimed when a block lapses, when an account is closed or inactive, when required by a carrier or regulator, or in cases of abuse. We do not guarantee that any particular number will remain available to you, and we are not liable for messages sent to a number after it has been released or reassigned.
8. Privacy
Our Privacy Policy explains what we collect and how we handle it, including message data necessarily processed to deliver SMS. By using the Service you agree to those practices.
9. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by a carrier, payment processor, or law, or to protect the Service or other users. Sections that by their nature should survive termination (including Sections 4, 6, 10, 11, 12, and 13) will survive.
10. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that messages will be delivered, delivered on time, or received, or that the Service will be uninterrupted, secure, or error-free. The Service is not intended for emergency communications; do not rely on it to contact emergency services.
11. Limitation of liability
To the fullest extent permitted by law, Zap-Phone and its owners, members, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, goodwill, or messages, arising out of or relating to your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us for the Service in the three (3) months before the event giving rise to the claim, or US $50.
12. Indemnification
You agree to indemnify and hold harmless Zap-Phone and its owners, members, and suppliers from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of your use of the Service, the messages or content you send, or your violation of these Terms or of any law or third-party right.
13. Governing law and disputes
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. You and Zap-Phone agree that the state and federal courts located in Wyoming will have exclusive jurisdiction over any dispute not subject to binding arbitration, and you consent to venue there. Either party may elect to resolve a dispute through binding individual arbitration; you and Zap-Phone waive any right to participate in a class action.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will update the effective date above and, where appropriate, notify you in the app. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
15. Contact
Questions about these Terms? Contact support@zap-phone.com.