terms of service

Welcome to FirstText. These Terms of Service ("Terms") govern your access to and use of the FirstText website (firstxt.com), our waitlist and referral program, and our mobile application (the "App"), collectively the "Services," provided by FirstText ("we," "us," "our").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

1. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, if higher) to use the Services. By using the Services, you represent and warrant that you meet this age requirement. If you are under the age of majority in your jurisdiction, you represent that you have your parent or guardian's permission to use the Services.

2. Description of the Services

FirstText is a mobile application that allows users to lock selected social media applications on their device until the user sends a message to a contact selected by the App's internal queue system. The Services also include a prelaunch website through which users may join a waitlist, create an account, and participate in a referral program prior to the App's public release.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, including features, functionality, and the referral program described in Section 6.

3. Account Registration

3.1 Creating an Account

To join the waitlist or use certain features of the Services, you must create an account by providing a valid email address or by signing in through a supported third-party authentication provider (currently, Google). You agree to provide accurate and complete information when creating your account.

3.2 Account Security

Email-based accounts use passwordless "magic link" authentication. You are responsible for maintaining the security of the email account associated with your FirstText account, as anyone with access to that email account may be able to access your FirstText account. You agree to notify us immediately at support@firstxt.com if you become aware of any unauthorized access to your account.

3.3 One Account Per Person

Each person may maintain only one FirstText waitlist account. If you sign up using an email address and later attempt to sign in using a Google account associated with the same email address, the system will treat these as a single account. Creating multiple accounts to circumvent referral program limits or waitlist position mechanics is prohibited and may result in account suspension, as described in Section 9.

4. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to any part of the Services, other users' accounts, or any systems or networks connected to the Services
• Use automated means (such as bots, scripts, or scrapers) to create multiple waitlist accounts, inflate referral counts, or otherwise manipulate the referral program described in Section 6
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the App, except to the extent such restriction is prohibited by applicable law
• Use the Services to harass, abuse, or harm another person, including through messages sent via the App's deep-link messaging feature
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity, when referring others to the Services

5. The App's Core Functionality

By using the App, you understand and agree to the following regarding how it operates:

5.1 App Locking Mechanism

The App uses Apple's Screen Time API (or equivalent platform functionality) to lock applications you have chosen, until you send a message to a contact selected by the App's queue. You are solely responsible for selecting which applications to lock and which contacts to add to your queue.

5.2 No Verification of Message Content or Delivery

The App operates on a trust-based model. When you indicate that you have sent a message via a third-party messaging application (such as WhatsApp or iMessage) through the App's deep-link feature, the App does not read, verify, or confirm the content or delivery of that message. The App unlocks your selected applications based on your own action of returning to the App after a minimum elapsed time, not on any confirmation that a message was actually sent or received.

5.3 Your Responsibility for Message Content

You are solely responsible for the content of any message you send through the App's deep-link feature to any third-party messaging application. We have no control over, and no responsibility for, the content of those messages, or the relationship between you and the contacts you choose to message.

5.4 Local Data Storage

As described in our Privacy Policy, contact information, message content, and usage history within the App are stored locally on your device. You are responsible for any data loss that occurs if you uninstall the App, lose your device, or otherwise lose access to locally stored data, as we do not maintain backups of this information on our servers.

5.5 Third-Party Application Dependencies

The App's functionality depends on third-party platforms and services, including but not limited to Apple's Screen Time API, WhatsApp, and Apple's iMessage. We are not responsible for any changes, interruptions, or discontinuations of these third-party services that may affect the App's functionality.

6. Waitlist and Referral Program

6.1 Participation

By joining the waitlist, you may participate in our referral program, through which you can earn rewards by referring other individuals who join the waitlist using your unique referral link or code.

6.2 Reward Tiers

Reward tiers are described on our website and may include, without limitation: movement up the waitlist position, free months of subscription access upon launch, 12 months access to the App, and recognition as a "Founding Connector." We reserve the right to modify, replace, or discontinue any reward tier at any time prior to the App's official launch, with reasonable notice provided through the website or via email where practicable.

6.3 Referral Attribution

Referral attribution is determined based on the referral code or link used at the time of signup, as described in our Privacy Policy. We reserve the right to review and adjust referral counts in cases of suspected fraud, abuse, or manipulation, including but not limited to the use of fake accounts, automated signups, or duplicate accounts created to inflate referral counts.

6.4 No Guarantee of Launch Date or Specific Rewards

The waitlist and referral program are offered prior to the official launch of the App. We make no guarantee regarding the specific date of launch, and we reserve the right to modify the structure, rewards, or mechanics of the referral program at our sole discretion before launch. Waitlist position and referral tier status do not constitute a binding contractual guarantee of specific App features, pricing, or access timing at launch, though we will make reasonable efforts to honor reward commitments made to waitlist participants.

6.5 Program Termination

We reserve the right to terminate the waitlist and referral program at any time, including upon the official launch of the App, at which point any unredeemed rewards will be honored in accordance with the terms communicated to users at that time.

7. Subscriptions and Payment (Upon App Launch)

7.1 Free Trial

The App may be offered with a free trial period, the length and terms of which will be specified at the time of subscription. You will not be charged during the free trial period unless and until the trial period ends, at which point you will be charged the applicable subscription fee unless you cancel before the trial ends.

7.2 Subscription Billing

Subscription fees, billing frequency (such as weekly or yearly), and pricing will be clearly disclosed at the point of purchase within the App. Subscriptions will automatically renew at the end of each billing period unless cancelled prior to renewal, in accordance with the policies of the applicable app store (Apple App Store) through which the subscription was purchased.

7.3 Cancellation

You may cancel your subscription at any time through your Apple App Store account settings. Cancellation will take effect at the end of the current billing period, and you will retain access to subscription features until that time. We do not provide refunds for partial subscription periods, except as required by applicable law or the policies of the applicable app store.

7.4 Referral Reward Redemption

Referral rewards earned through the waitlist program (such as free months or Founding Connector access) will be applied to your subscription according to the mechanics described on our website at the time the reward was earned, and as confirmed at the time of the App's launch.

8. Intellectual Property

8.1 Our Intellectual Property

The Services, including all content, features, functionality, software, design, logos, and trademarks (including the FirstText name and logomark), are owned by FirstText or our licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property, except for the limited license to use the Services as set forth herein.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, without compensation or attribution to you.

9. Termination and Suspension

We reserve the right to suspend or terminate your account and access to the Services, at our sole discretion, without prior notice, if we believe you have violated these Terms, engaged in fraudulent or abusive behavior (including manipulation of the referral program), or for any other reason we deem necessary to protect the integrity of the Services or other users.

You may terminate your account at any time by contacting us at support@firstxt.com and requesting account deletion, or, once the App is live, through account settings within the App.

10. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO WARRANTY REGARDING THE OUTCOME OF USING THE APP, INCLUDING BUT NOT LIMITED TO ANY IMPROVEMENT IN YOUR RELATIONSHIPS, SCREEN TIME HABITS, OR EMOTIONAL WELLBEING. THE APP IS A TOOL INTENDED TO ENCOURAGE COMMUNICATION HABITS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND, INCLUDING MENTAL HEALTH OR RELATIONSHIP COUNSELING.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIRSTTEXT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless FirstText and 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 your access to or use of the Services, your violation of these Terms, or your violation of any rights of a third party, including any contact you message through the App's deep-link feature.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration or the state and federal courts located in the State of Delaware, except where prohibited by applicable law.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by updating the "Last updated" date at the top of these Terms and, where appropriate, through additional notice such as an email or in-app notification. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FirstText regarding the Services, and supersede any prior agreements between you and FirstText regarding the Services.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@firstxt.com
Website: firstxt.com

By using FirstText's website, waitlist, referral program, or mobile application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.