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Terms of Service

Last updated: February 27, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Arcraz LLC, a Nevada limited liability company ("Zyphr", "Company", "we", "us", or "our"), governing your access to and use of the Zyphr platform, APIs, SDKs, documentation, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

  • "Customer Data" means any data, content, or information submitted, uploaded, or transmitted by you or your End Users through the Service, including but not limited to email content, push notification payloads, SMS messages, in-app notifications, subscriber profiles, authentication credentials, webhook payloads, and any associated metadata.
  • "End Users" means individuals who receive communications or interact with authentication services through your use of the Service.
  • "Workspace" means the organizational unit within the Service under which your account, team members, API keys, and configurations are managed.
  • "Subscription Plan" means the pricing tier you have selected (Free, Starter, Pro, Scale, or Enterprise), which determines your usage limits, features, and applicable fees.
  • "API" means the application programming interfaces and SDKs provided by Zyphr for programmatic access to the Service.

3. Description of Service

Zyphr is a developer-first unified communications and authentication platform. The Service provides:

  • Transactional Messaging — API-driven delivery of email, push notifications, SMS, and in-app messages to your End Users
  • Authentication Services — User authentication including email/password, OAuth (Google, Apple, Facebook, GitHub, Microsoft), magic links, multi-factor authentication (MFA), WebAuthn, and passkey support
  • Webhooks — Event-driven webhook delivery with retry logic, circuit breaking, payload transformations, and HMAC signature verification
  • Smart Routing — Topic-based routing, channel fan-out, provider fallback, and digest batching
  • Integrations — Connections to third-party platforms including Slack, Discord, and Microsoft Teams
  • Subscriber Management — End-user profiles, notification preferences, and category-based opt-in/opt-out management
  • Dashboard & Admin Portal — Web-based interfaces for managing your workspace, monitoring delivery, viewing analytics, and configuring settings

The specific features and capabilities available to you depend on your Subscription Plan. Feature availability may differ across plans and is detailed on our Pricing page.

4. Account Registration and Security

  • You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to create an account and use the Service.
  • You must provide accurate, current, and complete registration information and keep it updated.
  • You are responsible for maintaining the confidentiality of your account credentials, API keys, and webhook signing secrets. API keys grant full programmatic access to your Workspace and must be treated as sensitive credentials.
  • You are responsible for all activity that occurs under your account, whether or not authorized by you.
  • You must notify us immediately at security@zyphr.dev upon becoming aware of any unauthorized access to or use of your account.
  • You may invite team members to your Workspace with designated roles (owner, admin, member). You are responsible for managing their access and ensuring they comply with these Terms.

5. Customer Obligations and Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including but not limited to:

  • Anti-Spam Laws — CAN-SPAM Act, CASL (Canada), PECR (UK), and similar laws governing electronic communications. You must obtain appropriate consent from End Users before sending transactional or marketing communications through the Service.
  • Data Protection Laws — GDPR (EU/EEA), CCPA/CPRA (California), and other applicable data protection regulations. You are the data controller for personal data you transmit through the Service and must have a lawful basis for processing.
  • Telecommunications Laws — TCPA (US) and equivalent regulations governing SMS and push notifications. You must obtain required consent before sending SMS messages.

You specifically agree not to:

  • Send spam, unsolicited bulk messages, or phishing communications
  • Transmit malware, viruses, or any code of a destructive nature
  • Use the Service to harass, abuse, threaten, or incite violence against any person or group
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or connected networks
  • Reverse engineer, decompile, or disassemble any part of the Service except as permitted by applicable law
  • Resell, sublicense, or provide the Service to third parties as a standalone offering without our prior written consent
  • Use the Service to store or transmit content that is unlawful, defamatory, obscene, or that infringes on intellectual property rights
  • Circumvent or attempt to circumvent rate limits, usage quotas, or other technical restrictions

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including suspending or terminating access to the Service without prior notice and without liability.

6. Subscription Plans, Fees, and Payment

Plans and Pricing

The Service is offered under tiered Subscription Plans (Free, Starter, Pro, Scale, and Enterprise). Each plan includes specified usage limits for email, push notifications, SMS, in-app messages, authentication monthly active users (MAU), and webhook deliveries. Current plan details and pricing are available on our Pricing page.

Billing

  • Paid plans are billed in advance on a monthly or annual basis, depending on the billing cycle you select.
  • Annual plans are billed as a single upfront payment for the full year at a discounted rate.
  • All fees are quoted and charged in US Dollars (USD) unless otherwise specified.
  • Payment is processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred.

Plan Limits

Each Subscription Plan includes a defined volume of usage. We do not charge overage fees for exceeding your plan's included limits. We will make reasonable efforts to notify you as you approach your limits, and usage beyond those limits may be subject to rate limiting or restriction. To increase your included volume, you may upgrade to a higher plan at any time.

Price Changes

We may modify our pricing with at least 30 days' written notice. For annual plans, price changes take effect at the next renewal date. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

Refunds

All fees are non-refundable except as expressly stated herein or as required by applicable law. If we materially breach these Terms and fail to cure such breach within 30 days of written notice, you may be entitled to a pro-rata refund of prepaid fees for the unused portion of the subscription term.

When you upgrade to a higher plan, your billing is prorated: we automatically credit or refund the unused portion of your current plan toward the new plan. This proration is applied at the time of the upgrade and is separate from the non-refundable policy above.

Taxes

All fees are exclusive of applicable taxes (including sales tax, VAT, and GST). You are responsible for all taxes associated with your use of the Service, except for taxes based on Zyphr's net income.

7. Free Plan and Trial Terms

The Free plan is provided at no cost with limited usage quotas and features. We reserve the right to modify, limit, or discontinue the Free plan at any time with reasonable notice. Free plan accounts that remain inactive for 90 consecutive days may be suspended or deleted. The Free plan is provided without any service level commitment or support guarantee.

8. API Usage and Rate Limits

Your use of the API is subject to rate limits and usage quotas based on your Subscription Plan. Rate limits are enforced per-minute and are designed to ensure fair access for all customers.

  • Exceeding rate limits will result in temporary throttling (HTTP 429 responses). Repeated or sustained violations may result in temporary account suspension.
  • You must implement reasonable retry logic with exponential backoff in your API integrations.
  • Automated scripts or processes must respect rate limit headers returned by the API.
  • We reserve the right to adjust rate limits with reasonable notice to maintain service quality.

9. Third-Party Integrations and BYOP

The Service supports integrations with third-party platforms and "Bring Your Own Provider" (BYOP) configurations. When you connect third-party services or provide your own credentials:

  • You are responsible for maintaining valid credentials and API keys for third-party services you connect (e.g., Twilio for SMS, Slack, Discord, Microsoft Teams).
  • Your use of third-party services is governed by their respective terms of service and privacy policies.
  • We are not responsible for the availability, performance, or policies of third-party services.
  • You are responsible for any costs incurred through third-party services connected to your Workspace.
  • We may update, modify, or discontinue support for specific integrations with reasonable notice.

10. Data Ownership and Processing

Your Data

You retain all rights, title, and interest in and to your Customer Data. By using the Service, you grant us a limited, non-exclusive license to use, process, and transmit Customer Data solely as necessary to provide the Service and as described in our Privacy Policy.

Data Processing Role

With respect to personal data of your End Users, you are the data controller and we are the data processor. You are responsible for ensuring you have obtained all necessary consents and have a lawful basis for transmitting End User personal data through our Service. Upon request, we will enter into a Data Processing Agreement (DPA) that complies with applicable data protection regulations.

Data Portability

You may export your Customer Data at any time through the API or by contacting our support team. Upon termination of your account, we will make your data available for export for a period of 30 days, after which it will be permanently deleted in accordance with our data retention policies.

Aggregated Data

We may collect and use aggregated, anonymized, or de-identified data derived from your use of the Service for purposes such as improving the Service, generating benchmarks, and producing industry analytics. Such data will not identify you or your End Users.

11. Data Retention

Message logs, delivery records, and event data are retained based on your Subscription Plan:

  • Free: 7 days
  • Starter: 14 days
  • Pro: 30 days
  • Scale: 90 days
  • Enterprise: Custom retention as agreed

Account configuration data (workspace settings, domains, API keys, templates) is retained for as long as your account is active. Data beyond the retention period is automatically purged and cannot be recovered.

12. Service Level Agreement

We target 99.9% uptime for the Zyphr API measured on a monthly basis. The following are excluded from uptime calculations:

  • Scheduled maintenance (communicated at least 24 hours in advance)
  • Force majeure events beyond our reasonable control
  • Issues caused by your systems, code, or third-party services
  • DNS propagation delays for custom domain verification

Enterprise customers may negotiate custom SLAs with service credit provisions. The Free plan is provided without any uptime guarantee. Service status is available at our status page.

13. Intellectual Property

Zyphr IP

The Service, including all software, APIs, SDKs, documentation, designs, text, graphics, logos, and trademarks, is owned by Arcraz LLC and is protected by copyright, trademark, patent, and other intellectual property laws. Nothing in these Terms transfers any ownership of Zyphr IP to you.

License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the subscription term solely for your internal business purposes.

Feedback

If you provide us with suggestions, ideas, or feedback about the Service, you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without obligation to you.

14. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose it to third parties except as necessary to perform obligations under these Terms. Confidential information includes API keys, webhook signing secrets, pricing terms (for Enterprise agreements), and any information marked as confidential. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE DELIVERY, OPEN RATE, OR DELIVERABILITY OF ANY MESSAGE SENT THROUGH THE SERVICE, AS THESE ARE DEPENDENT ON THIRD-PARTY INFRASTRUCTURE, RECIPIENT SETTINGS, AND FACTORS OUTSIDE OUR CONTROL. NO ADVICE OR INFORMATION OBTAINED FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • ARCRAZ LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE.
  • OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
  • THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to indemnify, defend, and hold harmless Arcraz LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Customer Data or the content of communications sent through the Service; (e) your infringement of any third-party intellectual property or privacy rights; or (f) any claim from your End Users related to communications or authentication services provided through the Service.

18. Termination

Termination by You

You may cancel your Subscription Plan and terminate your account at any time through the dashboard or by contacting us. Cancellation takes effect at the end of your current billing period, and you will not receive a refund for any unused portion of a prepaid billing period unless required by applicable law. Refunds are otherwise governed by the Refunds section above.

Termination by Us

We may suspend or terminate your account immediately and without prior notice if: (a) you breach these Terms; (b) your use of the Service poses a security risk or may adversely impact other customers; (c) your account is being used for fraudulent or illegal activity; or (d) you fail to pay applicable fees within 15 days of the due date.

Effects of Termination

  • Upon termination, your right to access the Service ceases immediately.
  • You will have 30 days to export your Customer Data. After this period, we will delete your data in accordance with our retention policies.
  • Any outstanding fees owed at the time of termination remain payable.
  • Provisions that by their nature should survive termination (including Sections 10, 13, 14, 15, 16, 17, 20, and 21) shall survive.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email to the address associated with your account or through a prominent notice within the Service. Non-material changes (such as clarifications or formatting updates) may take effect immediately upon posting. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

20. Dispute Resolution

Informal Resolution

Before filing any formal dispute, you agree to attempt to resolve the dispute informally by contacting us at legal@zyphr.dev. We will attempt to resolve the dispute within 30 days of receipt.

Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Nevada, United States, and the arbitrator's decision shall be final and binding.

Class Action Waiver

YOU AND ZYPHR AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND SHALL NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

21. General Provisions

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law provisions.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with the Privacy Policy and any applicable order forms or Enterprise agreements, constitute the entire agreement between you and Zyphr regarding the Service and supersede all prior agreements, representations, and understandings.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemic, internet or telecommunications failures, power outages, or third-party service provider outages.

Notices

We may provide notices to you via email to the address associated with your account or through the Service. Notices to us should be sent to legal@zyphr.dev. Notices are deemed received upon delivery for email and upon posting for in-Service notifications.

22. Contact Us

If you have questions about these Terms, please contact us at legal@zyphr.dev or visit our Contact page.

Arcraz LLC
Email: legal@zyphr.dev