Terms of Service

A. Service Description

The Services are designed to allow users to obtain temporary telephone numbers for voice, SMS, and MMS use, as well as to make and receive voice calls, SMS, and MMS messages via these numbers.

B. Phone Service Required

An underlying wireless phone service is required to use the Service. You are solely responsible for procuring, maintaining, and paying for the underlying phone service that will connect calls made with the Service to your phone. Using the Service requires using your own voice minutes and data plan. Fees, service charges, per message and per-minute usage and other charges may be assessed by your underlying phone service provider for any calls received through the Service.

SyftCom is not responsible for your underlying phone service, for any calls made or messages sent across telecommunications networks which are not owned by SyftCom, or for problems with your underlying phone service including but not limited to no service, poor reception, and dropped calls. When you use Syft to send messages, these messages will not be itemized on your wireless telephone invoice.

Additionally, as explained in detail below, THE SERVICE CANNOT BE USED FOR 911 OR EMERGENCY CALLING. YOU MUST USE YOUR UNDERLYING PHONE SERVICE FOR 911 OR EMERGENCY CALLING.

C. Your Registration Obligations

You may be required to register with SyftCom in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form, and to update your information as necessary to keep it accurate, current, and complete. Registration data and certain other information about you are also governed by our Privacy Policy.

D. Age Restrictions

If you are under 18 years of age, you are not authorized to use the Service, with or without registering. By using the Service, you affirm that you are at least 18 years of age or have reached the age of majority where you live. You agree that you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

E. Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SyftCom using the contact information in Section 17 below of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Service. SyftCom will not be liable for any loss or damage arising from your failure to comply with this Section.

F. Modifications to Service

SyftCom reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SyftCom will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

G. General Practices Regarding Use and Storage

You acknowledge that SyftCom may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that a particular phone number or other content will be retained by the Service and the maximum storage space that will be allotted on SyftCom's servers on your behalf. You agree that SyftCom has no responsibility or liability for the deletion or failure to store any data, conversations, texts or other content maintained or uploaded by the Service. You acknowledge that SyftCom reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SyftCom reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

H. 911 Calling Not Available

SYFTCOM DOES NOT OFFER 911 OR EMERGENCY CALLING FOR THE SERVICE. DO NOT USE THE SERVICE TO CALL 911 OR OTHER EMERGENCY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR ANY OTHER APPLICABLE EMERGENCY SERVICES.

You agree that SyftCom, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, any attorneys' fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using the Service. You hereby waive all claims and causes of action against SyftCom, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using SyftCom Services.

I. Number Ownership

You understand and agree that the Service issues temporary phone numbers for limited time use. As such, you understand and agree that you are not the owner of any toll-free, local telephone number or any other number assigned to you by the Service, and further, you understand and agree that you may not port any such assigned number from the Service to another service provider. Certain telephone numbers may not be available for assignment but get issued to you in error. All assigned numbers are provided "as is" and SyftCom makes no warranty, representation or guarantee that any assigned number will be usable or "clean" when assigned or anytime thereafter, and you understand and agree that SyftCom may from time to time at its sole discretion change the telephone number assigned to you. SyftCom will not be liable for any damages (including without limitation consequential or special damages) arising out of any such reassignment or change of a telephone number.

J. Number Availability

SyftCom cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available. SyftCom will not be liable for reimbursement for any expenses or any other damages you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationery, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages, including without limitation consequential or special damages arising from any alleged failure to provide you with a specific telephone number or if your assigned number becomes unavailable or must be reassigned for any reason at any time.

K. Storage

Except where required by law, SyftCom is not obligated to store your voicemails, sent/received calls, text messages, pictures, and/or other information maintained or transmitted by the Services. You agree that SyftCom has no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/or other information maintained or transmitted by the Service.

A. User Conduct

You are solely responsible for all communications and content that you transmit via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by SyftCom ("Prohibited Uses"). This list provides examples and is not exhaustive. SyftCom reserves the right to investigate and take appropriate legal action against anyone who, in SyftCom's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to law enforcement authorities.

You agree to not use the Service to:

• transmit any content that infringes intellectual property rights, poses privacy/security risks, contains malware, constitutes spam, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• interfere with or disrupt the Service or connected networks
• violate any applicable local, state, national or international law
• impersonate any person or entity
• solicit personal information from anyone under 18
• harvest contact information for unsolicited communications
• create false Caller ID identity ("ID spoofing")
• use the Service for call centers, conference calling, or high-volume calling
• promote criminal activity or provide instructional information about illegal activities

B. Notification of Prohibited Use

You shall notify us immediately upon becoming aware of any Prohibited Uses of the Service by using the contact information listed in Section 17 below and shall provide us with reasonable assistance in any investigations we conduct.

C. Monitoring Use of Service

You acknowledge that we have no obligation to monitor your access to or use of the Service, or to review or edit any content, but we have the right to do so for the purpose of operating and improving the Service, to ensure your compliance with the Terms of Service, to comply with applicable law, or to respond to content that we determine is otherwise objectionable. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we consider to be objectionable for any reason, in violation of the Terms of Service or otherwise harmful to the Service.

D. Disclosure to Law Enforcement

You acknowledge and agree that SyftCom may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process, applicable laws or government requests. SyftCom may preserve content to: (a) enforce these Terms of Service; (b) respond to claims that content violates the rights of third parties; or (c) protect the rights, property, or personal safety of SyftCom, its users and the public.

E. Lawful Use

You represent and warrant that your use of the Service is lawful, does not violate any laws and does not violate the rights of any third party.

F. Fees

You acknowledge that SyftCom reserves the right to charge for any portion of the Service and to change its fees from time to time in its discretion. You agree to pay all fees when due and are responsible for paying all charges related to your account and all taxes and surcharges imposed on you or us as a result of your use of the Service.

G. Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

A. License Grant

Subject to the terms and conditions herein, we grant you a limited, revocable, non-sublicensable, non-exclusive, non-transferable, non-assignable license to access and use the Service solely for your personal, private and non-commercial use during your subscription term or use of the Service.

B. Reservation of Rights

As between you and SyftCom, the Service, the technology and software underlying the Service or distributed in connection therewith and associated documentation (collectively, the "Software"), and all the intellectual property rights therein or relating thereto, are and shall remain the exclusive property of SyftCom, its affiliates, partners or its licensors. Nothing in these Terms of Service shall be interpreted to provide you with any rights in the foregoing, except the limited right to use the Service and Software expressly set forth herein. Any rights not expressly granted herein are reserved by SyftCom.

C. Restrictions on Use of Service Content, Software

You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SyftCom, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally transmit via the Service. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

D. Trademarks

The SyftCom and Syft name and logos are trademarks and service marks of SyftCom (collectively the "SyftCom Trademarks"). Nothing in this Terms of Service or the Service should be construed as granting any license or right to use any of the SyftCom Trademarks displayed on the Service, without our prior written permission. All goodwill generated from the use of SyftCom Trademarks will inure to our exclusive benefit.

E. User Content Transmitted Through the Service

You are solely responsible for the content and other materials you transmit through the Service or otherwise share with other users or recipients (collectively, "User Content"). By using the Service or providing any User Content you hereby grant SyftCom and its affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with and for the purposes of operating the Service.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to SyftCom are non-confidential and SyftCom will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

A. Federal Arbitration Act

The parties agree that this Terms of Service affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

B. Initial Dispute Resolution

The parties shall use their best efforts to settle any dispute through informal dispute resolution. To initiate informal dispute resolution, you must send a written description of the dispute to our Customer Service Department at support@syftmobile.app. Our Customer Service Department will attempt to resolve most concerns quickly. The written description must provide, at minimum: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought.

If the dispute is not resolved within sixty (60) days after receipt of the written description, you and SyftCom agree to resolve any remaining dispute through binding arbitration.

C. Binding Arbitration

If the parties do not reach an agreed upon solution within sixty (60) days from the time informal dispute resolution begins, then either party may initiate binding arbitration. You and SyftCom agree that any dispute will be settled by binding arbitration in accordance with the rules of National Arbitration and Mediation ("NAM").

D. Class Action Waiver

YOU AND SYFTCOM ACKNOWLEDGE AND AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM.

E. Location

If the amount in controversy does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless both parties agree otherwise or the arbitrator determines that a hearing is necessary. If the amount exceeds $10,000, either party may request an arbitration hearing.

You and SyftCom agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

F. Opt-Out

You have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to: 311 Bowie St APT 3104, Austin, TX 78703. The notice must be sent within thirty days of being subject to this Arbitration Agreement.