Terms of Service

Effective Date: June 16, 2026
Company: Zypexa LLC
Address: 1045 Elm St Suite 204, Manchester, NH 03101
Email: [email protected]

These Terms of Service (“Terms”) govern your access to and use of Zypexa’s website, application, platform, communications tools, CRM features, SMS tools, email tools, voice tools, call tracking, partner tracking, billing tools, reporting tools, AI-assisted features, internal chat, integrations, and related services (collectively, the “Services”).

These Terms are a legal agreement between you and Zypexa LLC (“Zypexa,” “we,” “our,” or “us”). By accessing or using the Services, creating an account, purchasing a subscription, sending messages, making calls, importing contacts, using tracking tools, or otherwise using Zypexa, you agree to these Terms.

If you are using Zypexa on behalf of a company, organization, client, or other entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” and “Customer” refer to that entity and its authorized users.

1. Business Use

Zypexa is primarily intended for business and commercial use. By using the Services, you represent that you are at least 18 years old and are using the Services for business or commercial purposes.

Individuals may technically access or use the Services, but the Services are not intended for personal, household, or consumer communications.

2. Zypexa’s Role

Zypexa provides software tools for business communications, CRM management, messaging, email, calling, tracking, reporting, billing, and related activities.

Zypexa is a platform provider. Customers control their own contacts, leads, campaigns, messages, calls, recordings, tracking activity, content, offers, routing decisions, and business use of the Services.

Unless separately agreed in writing, Zypexa does not provide, sell, broker, scrape, enrich, verify, or guarantee leads or contact lists.

3. Account Registration and Security

You may need an account to use the Services. You agree to provide accurate and complete information and to keep it updated.

You are responsible for:

All activity under your account
Your users, employees, contractors, agents, and representatives
Maintaining secure login credentials
Setting proper user permissions
Ensuring your users comply with these Terms
Promptly notifying Zypexa of suspected unauthorized access or security issues

Zypexa may access accounts, data, settings, logs, and activity as needed for support, troubleshooting, billing, security, compliance, fraud prevention, platform administration, and enforcement of these Terms.

4. Customer Data

“Customer Data” means information, content, contacts, leads, messages, call records, recordings, transcripts, campaign data, tracking data, billing data, files, webhooks, integrations, and other materials submitted to, generated through, or processed by the Services on your behalf.

As between you and Zypexa, you own your Customer Data. You grant Zypexa a limited right to host, process, transmit, store, display, analyze, and use Customer Data as necessary to provide, operate, secure, support, improve, bill for, and enforce the Services.

You are responsible for the accuracy, quality, legality, consent status, and source of your Customer Data.

5. Compliance Responsibilities

You are solely responsible for using Zypexa in compliance with all laws, rules, regulations, industry standards, carrier requirements, provider policies, and platform rules that apply to your business, campaigns, contacts, messages, calls, recordings, tracking, and data.

This includes, where applicable:

TCPA and telemarketing laws
Do-not-call laws
SMS consent rules
A2P 10DLC registration and campaign requirements
Carrier and messaging provider rules
Email marketing and anti-spam laws
CAN-SPAM requirements
Privacy and data protection laws
Cookie and tracking laws
Call recording and consent laws
Consumer protection laws
Industry-specific laws and regulations
International laws if you contact people outside the United States

You agree not to use Zypexa to contact anyone unless you have the legal right and required consent to do so.

6. Contacts, Lists, and Consent

You represent and warrant that:

You have the lawful right to upload, import, store, process, call, email, text, track, and otherwise use all contacts and leads you place into Zypexa.
You have obtained all required consents, permissions, opt-ins, and authorizations.
You will maintain proof of consent where required.
You will honor unsubscribe, STOP, opt-out, do-not-call, suppression, revocation, and similar requests.
You will not upload or use purchased, rented, scraped, harvested, stolen, illegally obtained, or non-compliant SMS lists.
You will not upload or use purchased, rented, scraped, harvested, stolen, illegally obtained, or non-compliant email lists.

Zypexa may request proof of opt-in, consent, list source, campaign purpose, or compliance at any time. Zypexa may suspend, block, reject, limit, or terminate access to messaging, calling, email, tracking, or other features if proof is not provided or if Zypexa believes your use creates legal, carrier, provider, deliverability, security, reputation, or business risk.

7. SMS Messaging

SMS sending may require business registration, brand registration, A2P registration, campaign approval, phone number approval, provider approval, and Zypexa review before sending is enabled.

When you use SMS features:

You are the sender of the messages.
You are responsible for your message content and recipients.
You must have proper consent before sending.
You must provide required disclosures, including message frequency, message and data rates, STOP instructions, HELP instructions, and privacy/terms links where required.
You must honor STOP and similar opt-out requests.
You must not evade carrier rules, provider rules, registration requirements, or filtering controls.
You must not send misleading, fraudulent, abusive, illegal, or prohibited content.

Zypexa may block SMS sending if billing is inactive, credits are insufficient, A2P setup is incomplete, campaign approval is missing, provider settings are incomplete, opt-out rules are violated, spam complaints occur, carrier/provider issues arise, or Zypexa identifies risk.

Zypexa does not guarantee SMS deliverability, carrier approval, message throughput, message timing, or message delivery.

8. Email Campaigns

When you use email features:

You are responsible for the emails you send.
You must use accurate sender information.
You must use truthful subject lines.
You must include required business identity and mailing address information.
You must provide a clear unsubscribe mechanism where required.
You must honor unsubscribe and suppression requests.
You must not send deceptive, abusive, spammy, fraudulent, illegal, or unauthorized email.
You must keep your company profile, sender identity, domain information, and footer details accurate.

Zypexa may track email sends, deliveries, opens, clicks, bounces, blocks, deferrals, spam reports, unsubscribes, and related engagement data for reporting, compliance, suppression, and platform functionality.

Zypexa may block or limit email sending if required company profile information is missing, spam complaints occur, provider issues arise, billing is inactive, credits are insufficient, suppression rules are violated, or Zypexa identifies risk.

Zypexa does not guarantee inbox placement, deliverability, open rates, click rates, conversions, or campaign results.

9. Voice Calling, Power Dialer, Call Recording, and Transcription

Zypexa may provide browser calling, softphone tools, inbound calling, outbound calling, power dialer features, call routing, call logs, voicemail, call recording, transcription, AI-assisted disposition, and related voice features.

When you use calling features:

You are responsible for complying with telemarketing, consent, do-not-call, caller ID, call recording, transcription, and related laws.
You must have lawful authority to call each recipient.
You must comply with federal, state, local, and international call recording laws.
You must provide required notices and obtain required consent before recording or transcribing calls.
You must not use calling features for harassment, robocalling, illegal telemarketing, fraud, deception, or abusive practices.

Call recording may be available, but customers are responsible for enabling it lawfully and giving proper notice and obtaining proper consent. A default notice such as “This call may be recorded for quality and training purposes” may be used, but you are responsible for determining whether that notice is sufficient for your use case and jurisdiction.

Zypexa does not guarantee call connection, call quality, caller ID display, audio quality, recording availability, transcript accuracy, AI disposition accuracy, voicemail capture, carrier availability, or provider uptime.

10. AI-Assisted Features

Zypexa may provide AI-assisted features, including call dispositions, summaries, classifications, recommendations, and related analysis.

You understand and agree that:

AI outputs may be incomplete, inaccurate, misleading, delayed, or inappropriate for your use case.
AI outputs should be reviewed by a human before being used for important decisions.
Zypexa does not guarantee the accuracy of AI-generated information.
AI features may use transcripts, call records, notes, messages, and related data to generate outputs.
Zypexa may add, remove, modify, enable, disable, or limit AI features.

You are responsible for your use of AI outputs.

11. Tracking Links, Forms, Call Tracking, Partner Tracking, and Routing

Zypexa may provide tracking links, form tracking, call tracking, affiliate or publisher tracking, buyer routing, destination routing, conversion tracking, payable tracking, partner invoices, campaign reporting, and related tools.

When you use tracking tools:

You are responsible for your campaigns, offers, publishers, buyers, destinations, and routing rules.
You must provide all required privacy, cookie, tracking, advertising, and consent disclosures.
You must ensure your websites, landing pages, ads, forms, and campaigns comply with applicable laws.
You must not use tracking tools for deception, fraud, unauthorized surveillance, unlawful profiling, illegal lead generation, or non-compliant data sharing.
You are responsible for payout rules, partner relationships, buyer relationships, offer terms, and any disputes with third parties.

Zypexa may collect and process IP addresses, user agents, visitor IDs, click IDs, cookies, timestamps, form submissions, call records, conversion data, routing data, buyer data, publisher data, destination data, and payable data to provide tracking and reporting features.

12. Billing, Subscriptions, Credits, and Payment

Zypexa may offer subscriptions, usage credits, prepaid credits, monthly plans, platform fees, invoices, usage charges, and other billing options.

Payments may be processed through Stripe or another payment provider.

Unless otherwise stated in writing:

Subscription fees renew automatically until canceled.
Monthly platform fees are separate from usage credits.
Usage credits may be charged or deducted for SMS, email, inbound SMS, voice calls, recordings, transcriptions, AI usage, phone numbers, and other usage-based services.
Subscription fees are non-refundable except where required by law or approved by Zypexa.
Prepaid usage credits are refundable only if unused and approved by Zypexa.
Setup fees, usage charges, and consumed credits are non-refundable.
Zypexa may suspend or limit services for failed payments, inactive billing, empty credit balances, incomplete billing setup, or suspected billing abuse.
Zypexa may change pricing, usage rates, credit rules, plan features, and billing terms with notice.

You are responsible for taxes, fees, and charges associated with your use of the Services.

13. No Guaranteed Results

Zypexa does not guarantee:

Message delivery
Email inbox placement
SMS carrier approval
A2P campaign approval
Call answer rates
Call quality
Lead quality
Campaign performance
Revenue
Sales
Conversions
Deliverability
Uptime
Business results
Acquisition value
Customer outcomes

You are responsible for your business decisions, campaign strategy, compliance, content, offers, and results.

14. Third-Party Services

Zypexa may rely on or integrate with third-party services, including but not limited to Stripe, Twilio, SendGrid, OpenAI or other AI providers, Google Cloud, carriers, inbox providers, hosting providers, analytics providers, and customer-configured integrations.

Zypexa is not responsible for third-party services, outages, policies, fees, decisions, approvals, rejections, filtering, deliverability, downtime, security incidents, or performance.

Your use of third-party services may be subject to their own terms and policies.

15. Acceptable Use

You agree not to use Zypexa for:

Illegal activity
Fraud
Deception
Spam
Harassment
Abusive communications
Misleading campaigns
Unlawful telemarketing
Unauthorized recording
Unauthorized tracking
Phishing
Malware
Data scraping
Credential theft
Impersonation
Privacy violations
Intellectual property violations
Attempts to evade carrier, provider, platform, or compliance rules
Any activity that creates legal, reputational, security, deliverability, provider, carrier, or business risk for Zypexa

You must comply with Zypexa’s Acceptable Use and Anti-Spam Policy, which is incorporated into these Terms.

16. Restricted and High-Risk Uses

Certain categories may be prohibited or require written approval from Zypexa before use, including:

Debt collection
Loans
Credit repair
High-risk financial offers
Gambling
Cannabis, CBD, or controlled substances
Adult content
Political messaging
Health or medical messaging
Firearms or weapons
Sweepstakes
Lead resale
Affiliate lead generation involving regulated products
Any other regulated, high-risk, or carrier-restricted category

Zypexa may reject, pause, review, suspend, or terminate any campaign or account that Zypexa believes creates risk.

17. Suspension and Termination

Zypexa may suspend, limit, disable, or terminate your access to all or part of the Services if:

You violate these Terms
You fail to pay amounts owed
Billing fails
Credits are insufficient
Your use creates legal, provider, carrier, deliverability, security, reputation, or business risk
You send spam or abusive communications
You fail to provide consent proof
You violate opt-out or suppression rules
Your account is inactive
Zypexa is required or requested to do so by law, provider, carrier, payment processor, or regulator
Zypexa decides to discontinue or modify the Services

Suspension or termination does not relieve you of payment obligations incurred before suspension or termination.

18. Intellectual Property

Zypexa and its software, designs, workflows, code, features, branding, documentation, templates, user interface, and platform technology are owned by Zypexa or its licensors.

You may not copy, modify, reverse engineer, resell, sublicense, or exploit the Services except as permitted by these Terms or authorized in writing by Zypexa.

You retain ownership of your Customer Data. You grant Zypexa the rights needed to provide the Services.

19. Feedback

If you provide feedback, ideas, suggestions, requests, or recommendations, Zypexa may use them without restriction or compensation to you.

20. Confidentiality

You may receive non-public information about Zypexa, including pricing, product plans, features, technical details, business information, or platform operations. You agree not to disclose Zypexa’s confidential information except as authorized by Zypexa or required by law.

Zypexa will use reasonable efforts to protect your confidential Customer Data, subject to these Terms and our Privacy Policy.

21. Privacy

Your use of Zypexa is subject to our Privacy Policy. By using the Services, you consent to the collection, use, sharing, and processing described in the Privacy Policy.

22. Disclaimers

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, Zypexa disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, deliverability, and uninterrupted operation.

Zypexa does not warrant that the Services will be error-free, secure, uninterrupted, compliant for your specific use case, or compatible with all providers, carriers, devices, browsers, or integrations.

23. Limitation of Liability

To the fullest extent permitted by law, Zypexa will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, including lost revenue, lost data, lost goodwill, lost business opportunity, communication failures, provider failures, carrier filtering, campaign performance, or business interruption.

To the fullest extent permitted by law, Zypexa’s total liability for any claim relating to the Services will not exceed the amount you paid to Zypexa for the Services during the three months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

24. Indemnification

You agree to defend, indemnify, and hold harmless Zypexa, its owners, officers, employees, contractors, service providers, and agents from and against any claims, damages, liabilities, losses, costs, penalties, fines, and expenses, including reasonable attorneys’ fees, arising out of or related to:

Your use of the Services
Your Customer Data
Your contacts, lists, campaigns, messages, emails, calls, recordings, tracking, offers, or routing
Your violation of these Terms
Your violation of law
Your violation of provider, carrier, or industry rules
Your failure to obtain consent
Your failure to honor opt-outs or do-not-call requests
Your disputes with contacts, leads, customers, publishers, buyers, destinations, or third parties

25. Governing Law and Venue

These Terms are governed by the laws of the State of New Hampshire, without regard to conflict of law principles.

To the extent permitted by law, any dispute relating to these Terms or the Services must be brought in the state or federal courts located in New Hampshire, and you consent to personal jurisdiction and venue in those courts.

26. Changes to the Services and Terms

Zypexa may modify, update, suspend, discontinue, or remove features at any time. Zypexa may update these Terms from time to time. When we update them, we will revise the effective date.

Continued use of the Services after changes become effective means you accept the updated Terms.

27. Contact

Zypexa LLC
1045 Elm St Suite 204
Manchester, NH 03101
Email: [email protected]