Revised: April 23, 2018
YOUR USE OF THE APP AND SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT ACCESS THE APP OR USE THE SERVICES.
2. DESCRIPTION OF THE SERVICES
The app allows you to send and receive SMS privately. When sending SMS you are assigned a random phone number that is used as an outgoing caller id. For every recipient you receive a different temporary number - if the recipient replies within 3 days from your last message, the same number will be reused for that recipient. In case you do not receive a reply for more than 3 days for given target phone number, we will change our outgoing caller id for that particular conversation. Use our services responsibly and in accordance to the law and regulation in your country. You are responsible for your own actions when using our App and Services.
3. ACCEPTABLE USE POLICY
This Acceptable Use Policy, which is incorporated into these Terms, describes actions that are prohibited when you use the App or Services. Any use of the App and Services that does not comply with this Acceptable Use Policy may result in, among other things, termination or suspension of your rights to use the App and/or the Services. In addition, failure to comply with these requirements may subject you to criminal prosecution. When you access the App or use the Services, you represent and warrant as follows:
a. You are at least eighteen (18) years of age or if you are under the age of 18, you have received permission from your parent or legal guardian to access the App and use the Services;
b. You have the legal capacity and authority to agree to these Terms;
c. You will not access the App through automated or non-human means, whether through a bot, script or otherwise;
d. You will not use the Services for any illegal or unauthorized purpose and your use of the Services will not violate any applicable law or regulation, including any applicable all-party consent laws (as described below);
e. You will not use the Services to text any organizations (especially emergency lines and government agencies) or any recipient that is prohibited by law or regulation;
f. You will not use the Services to offer to users or other third parties any services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services;
g. You will not use the Services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards;
h. You will not hack or interfere with the App, the Services, our servers or any connected networks, and you will not upload corrupted files or files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, or other computer programming routines or similar software that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
i. You will not use the Services to engage in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.;
j. You will not engage in fraud in connection with your Account or use your Account to engage in fraudulent activity with respect to third parties or otherwise use your Account to bypass phone identification systems such as those by classified advertising websites;
k. You will not use the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages, voice mail, or faxes;
l. You may not access or use the App or Services for any purpose other than that for which we make the App and Services available;
m. You will not engage in activities or transmit through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
n. You will not transmit any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party;
o. You will not improperly engage in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephone network; and
p. You will not restrict or inhibit any other user from using and enjoying the App or the Services.
4. OPERATIONAL NOTICE
Use of the App and the Services may require internet access through your mobile device. The App may not operate properly with all mobile devices or all mobile service providers. We make no representation that the App or the Services will be compatible with your mobile device or mobile services provider.
5. ACCOUNT REGISTRATION AND MAINTENANCE
a. You will immediately notify us of any known or suspected unauthorized use of your password or your Account, or any known or suspected loss, theft, or unauthorized disclosure of your phone/Account; and
b. You will not use your Account, the App or the Services for any illegal or unauthorized purpose and your use of your Account, the App or the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the App or the Services (or any portion thereof).
6. PAYMENTS AND CREDITS
In order to use the Services, you will be required to maintain a sufficient credit balance in your Account using a payment option made available through the Services. You agree to pay all charges at the prices then in effect for the Services you purchase and you authorize us to charge the chosen payment provider for any such purchases. We use third party payment providers to process payments. We have the right to change any and all applicable charges and rates at any time by giving notice of such change on the App. Any changes to the charges and rates will take effect immediately upon posting to the App, unless otherwise stated. Your continued use of the App and the Services after the change in charges and rates have taken effect will constitute your acceptance of such change. Depending on your country, charges may vary. All payments shall be in U.S. Dollars. Please, check all the possible payment options and credit amounts to help you select the best option. You will accept full responsibility for use of the Services and you will be liable for all charges from your Account, whether or not processed with your knowledge or authority. You agree to hold us harmless from all actions we take in good faith and in the normal course of business based on charges to your Account. For information about handling your credits, see the Refund Policy below.
7. REFUND POLICY
You acknowledge and agree that any questions, comments, suggestions, ideas, ratings, reviews, feedback or other information regarding the App or Services ("Feedback") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of your Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
9. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the App, its content, all source code, databases, functionality, software, designs, audio, video, text, photographs, images, graphics, and other materials on the App that are associated with the App or the Services (collectively, "Proprietary Materials") are owned or controlled by us or other parties that have licensed or otherwise provided their content to us. Proprietary Materials shall be protected in all forms, shapes, mediums, and capacities, whether or not specifically delineated in these Terms. The trademarks, service marks and logos ("Marks") contained within Proprietary Materials are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. THE APP AND THE SERVICES ARE INTENDED FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. The Proprietary Materials and Marks are provided on the App "AS IS" for your information and personal use only. No part of the App or Services and no Proprietary Materials or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the App and the Services, you are granted a limited license to access and use the App and the Proprietary Materials. We reserve all rights not expressly granted to you in and to the App, Services, Proprietary Materials, and Marks.
10. COPYRIGHT INFRINGEMENT NOTIFICATION
We respect the intellectual property rights of others and request that all users of the App and Services do the same. If you believe that any content available in or through the App infringes upon any copyright you own or control, you may send our designated copyright agent ("Copyright Agent") written notification ("Notification"), in accordance with the provisions of the Digital Millennium Copyright Act ("DMCA"). Send your Notification by email to firstname.lastname@example.org. Please see DMCA 17 U.S.C. , 512(c)(3) for the requirements for a proper takedown notification. Upon receipt of your Notification, we will remove or disable access to the content identified in your Notification; however, we may ask you to provide further or supplemental information prior to removing any content from the App. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located in or linked to it via the App infringes upon your copyright protections, you should consider first contacting an attorney. We also will advise the alleged infringer of the DMCA statutory counter notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this content.
We accept advertisers and sponsors to display their advertisements, marketing links, and other information in certain areas of the App such as, but not limited to, sidebar advertisements or banner advertisements. If you are an advertiser, you will take full responsibility for any advertisements you place on the App and any services you provide on the App or products sold though those advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers or sponsors. Advertisers represent and warrant that they possess all rights and authority to place advertisements on the App including, but not limited to, intellectual property rights, publicity rights and contractual rights.
12. APP MANAGEMENT
We reserve the right, but not the obligation, to: (a) monitor the App for violations of these Terms; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; and (c) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App and Services.
14. TERM AND TERMINATION
These Terms, as updated from time to time, shall remain in full force and effect while you use the App or the Services. You may terminate your use or participation at any time or for any reason by discontinuing your use of the App and the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP OR THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE APP OR YOUR PARTICIPATION IN SERVICES AND DELETE YOUR ACCOUNT, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
15.MODIFICATIONS, CORRECTIONS, AND INTERRUPTIONS
We reserve the right, in our sole discretion, to change, modify, or remove the contents of the App or any of the terms and conditions contained in these Terms at any time or for any reason at our sole discretion without notice to you. Any new feature or tool added to the App or the Services will also be subject to these Terms. However, we have no obligation to update any information on the App. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any other third party for any modification, suspension, or discontinuance of the App or the Services. Any changes or modifications will be effective immediately upon posting the revised Terms on the App and you waive any right to receive specific notice of each such change or modification. Your continued use of or access to the App or Services after such posting means you accept and agree to be bound by the modified Terms. We encourage you to periodically review these Terms to stay informed of updates. You agree to be responsible for monitoring changes to the App or Services. There may be information in the App that contains typographical errors, inaccuracies, or omissions that may relate to the Services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice to you. We cannot guarantee the App and the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App or the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App or the Services during any downtime or discontinuance of the App or the Services. Nothing in these Terms will be construed to obligate us to maintain and support the App or the Services or to supply any corrections, updates, or releases in connection therewith.
THE APP, THE SERVICES, AND ALL OTHER CONTENT AND MATERIALS ASSOCIATED THEREWITH ARE PROVIDED ON AN "AS-IS," "WITH ALL FAULTS," AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP, THE SERVICES, AND ALL USE OF THE APP AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND MATERIALS ON THE APP OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP OR THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS: (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP OR THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP OR THE SERVICES BY ANY THIRD PARTY; OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP OR THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY HYPERLINKED WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF ANY PRODUCTS OR SERVICES. YOU ARE CAUTIONED TO USE THE APP AND THE SERVICES AT YOUR OWN RISK.
17. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APP OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE APP, OUR RECORDS, PROGRAMS OR THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR THE SERVICES OR ANY PROVISION OF THESE TERMS, AS YOUR SOLE AND EXCLUSIVE REMEDY, YOU MAY DISCONTINUE USING THE APP AND THE SERVICES. ALTHOUGH WE WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY AN UNAUTHORIZED USE OF THE APP OR THE SERVICES, YOU MAY BE LIABLE TO OTHERS, AS WELL AS TO US, IF YOU USE THE APP OR THE SERVICES IN VIOLATION OF THESE TERMS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold us harmless and all of our respective officers, agents, partners and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (a) your Feedback; (b) your use of the Services; (c) breach of these Terms; (d) any breach of your representations and warranties set forth in these Terms; (e) your violation of the rights of a third party, including but not limited to intellectual property rights; or (f) any overt harmful act toward any user of the App or Services or other third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. ELECTRONIC COMMUNICATIONS
By accessing or visiting the App, sending emails to us, or otherwise using the Services, you agree that we may collect, use, and disclose certain information about you. We may use this information to contact you using various electronic communication methods for a variety of purposes, such as to inform you of additional features of the App or Services and for purposes of informing you of any related services (any such contact is hereafter referred to as "Messages"). You agree that any Messages we may transmit to you electronically will satisfy any legal communication requirements, including that such communication be in writing. Please be aware that text and/or data rates may apply to Messages you may receive via your mobile device, depending on the data plan you have with your mobile service provider.
20. GOVERNING LAW AND JURISDICTION
All matters relating to these Terms, the App, the Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the international law of Bulgaria, without giving effect to any choice or conflict of law provisions or rules (whether of Bulgaria or any other jurisdiction). You agree that any action at law or in equity arising out of or relating to these Terms, the App, or the Services shall be instituted exclusively in Bulgaria, although we retain the right to bring any suit, action, or other proceeding against you for breach of these Terms in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. GOVERNING LAW AND JURISDICTION
These Terms, including any policies or operating rules posted by us on the App or in respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act arising out of or on account of any cause beyond our reasonable control. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed stricken from these Terms and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic format and the lack of a hand-written signature by each party hereto to execute these Terms.
22. CONTACT US
If you have any questions, comments, concerns, or wish to report any violations regarding these Terms, please contact us at: email@example.com. We will try to address all issues to the best of our ability.