Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Fetch SMS website, dashboard, and API (collectively, the "Service"), operated by Fetch SMS ("Fetch SMS", "we", "us", or "our"). By creating an account, making a purchase, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms contain a binding arbitration agreement and a class action waiver in Section 17. They affect how disputes between you and us are resolved. Please read them carefully.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements, that you are not barred from using the Service under the laws of any applicable jurisdiction, and that you are not accessing the Service on behalf of any person whose access has been suspended or terminated.

3. Modification of Terms

We reserve the right to modify, amend, or replace these Terms at any time, in our sole discretion. Changes are effective when posted on this page with an updated date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

4. Description of Service

Fetch SMS provides access to non-VOIP US phone numbers for the purpose of receiving SMS verification codes, offered as short-term verifications (a single code within a fixed window) and longer-term rentals (a number reserved for a chosen period). We do not control whether any third-party platform accepts a given number, and we do not guarantee that any particular code will be received.

You do not own any phone number made available through the Service. Numbers are allocated to you for the term of your verification or rental only, and return to the general pool afterwards. We may change, reassign, or withdraw any number at any time where required by a carrier, by law, or to address abuse.

5. Acceptable Use; Prohibited and Illegal Activities

You agree not to use the Service for any unlawful, fraudulent, or abusive purpose. Prohibited activities include, without limitation:

• Fraud, identity theft, impersonation, phishing, social engineering, or any deceptive practice;
• Harassment, stalking, threats, spam, or sending unsolicited or bulk messages;
• Creating, accessing, or verifying any account that you do not own or are not expressly authorized to act for;
• Creating accounts or evading bans in violation of a third party's terms of service;
• Circumventing the security, authentication, anti-fraud, anti-bot, or identity-verification measures of any platform;
• Any activity involving money laundering, terrorist financing, sanctions evasion, or the proceeds of unlawful activity;
• Accessing, testing, or attacking any computer system or network without authorization;
• Reselling, sublicensing, or redistributing the Service or any number except as we expressly permit in writing;
• Scraping, reverse engineering, or attempting to derive the source code or underlying structure of the Service, or exceeding published API rate limits;
• Any activity that violates applicable local, state, national, or international law or regulation; and
• Any activity that infringes the rights of, or causes harm to, any person or entity.

5.1 Prohibited Platforms and Sectors

The Service may not be used to receive codes for, register with, access, verify, or interact with any financial platform or regulated institution. This prohibition applies regardless of jurisdiction and includes, without limitation:

• Banks, credit unions, savings institutions, and any other depository institution;
• Money services businesses, money transmitters, payment processors, payment facilitators, and remittance services;
• Peer-to-peer and mobile payment applications, including PayPal, Venmo, Cash App, Zelle, Wise, Revolut, Chime, and comparable services;
• Cryptocurrency exchanges, custodial wallets, fiat on-ramps and off-ramps, and any virtual asset service provider;
• Brokerage, securities, trading, and investment platforms;
• Lending, credit, buy-now-pay-later, mortgage, and debt services;
• Insurance providers and insurance claims portals;
• Credit bureaus, credit-reporting agencies, and identity-verification or background-check services;
• Government services of any kind, including tax, benefits, unemployment, immigration, licensing, and court systems;
• Healthcare providers, health insurers, pharmacy services, and patient portals; and
• Any platform holding, transmitting, or providing access to funds, credit, securities, or personal financial data.

We may add to, remove from, or otherwise revise this list at any time, and may block specific services, destinations, or platforms at our discretion and without notice. Attempting to use the Service for any prohibited platform is a material breach of these Terms and will result in immediate termination and forfeiture of your wallet balance, in addition to any other remedy available to us.

6. Your Responsibility and Representations

You are solely and fully responsible for all activity conducted using the phone numbers and codes you obtain through the Service, and for ensuring that your use complies with all applicable laws and third-party terms. We do not authorize, condone, or knowingly facilitate any illegal activity.

You represent and warrant, each time you use the Service, that:

• Your use complies with all applicable laws, regulations, and third-party terms of service;
• You own, or are expressly authorized to act on behalf of the owner of, every account for which you request a verification code;
• You are not using the Service for any purpose prohibited by Section 5 or Section 5.1; and
• You are not using the Service to obtain, facilitate, or conceal any unlawful gain.

We may monitor the Service for prohibited and illegal activity and reserve the right to investigate suspected violations, suspend or terminate your account, withhold or reverse transactions, block particular destinations or platforms, preserve and disclose records, and cooperate with law enforcement and report unlawful conduct. We have no obligation to monitor, and any failure to detect or act on a violation is not a waiver of our rights.

7. Sanctions, Export Controls, and Restricted Jurisdictions

You represent and warrant that you are not, and are not acting on behalf of, any person or entity that is: (a) listed on the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List or any other applicable sanctions or restricted-party list; (b) located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. sanctions or embargo; or (c) otherwise prohibited from receiving services under applicable export control or sanctions laws.

You agree not to use the Service in violation of any applicable export control, sanctions, or anti-money-laundering law. We may screen accounts and transactions, and may refuse, suspend, block, or terminate access, and freeze or forfeit balances, where we determine in our sole discretion that access may violate this Section.

8. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and API keys and for all activity that occurs under your account. Notify us immediately of any unauthorized use. You may hold only one account unless we agree otherwise in writing; accounts created to evade a suspension or termination may be closed along with all related accounts, and their balances forfeited.

9. Purchases, Payment, and No-Refund Policy

Prices are stated in US dollars and charged from your prepaid wallet balance, which you fund by cryptocurrency. All purchases and wallet deposits are final and non-refundable. By making a purchase or deposit, you acknowledge and agree that you are not entitled to any refund, chargeback, or return, and that wallet balances are not redeemable for cash. As a courtesy and as the sole remedy where a short-term verification does not receive a code within its delivery window, the amount charged for that verification is automatically credited back to your Fetch SMS wallet; this wallet credit is not a cash refund. You agree to this no-refund policy at the time of purchase.

10. Delivery

The Service is a digital service delivered electronically. Numbers are provisioned to your account instantly upon purchase, and verification codes are delivered to your dashboard and via the API in real time as they arrive. No physical goods are shipped.

11. Availability and Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, that any number will be accepted by a given platform, that any number is free of prior use or reputation, or that any code will be received. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

12. Limitation of Liability

To the maximum extent permitted by law, Fetch SMS, its owners, officers, employees, contractors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or related to your use of or inability to use the Service, whether based in contract, tort, strict liability, or any other theory, and even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for any and all claims arising out of or relating to the Service will not exceed the greater of (a) the amount you paid to us for the specific transaction giving rise to the claim, or (b) fifty US dollars ($50). This limitation does not apply to liability that cannot be excluded or limited under applicable law, including liability arising from our own gross negligence, willful misconduct, or fraud. If any portion of this Section is held unenforceable, the remainder continues to apply to the fullest extent permitted.

13. Indemnification

You agree to indemnify, defend, and hold harmless Fetch SMS and its owners, officers, employees, contractors, agents, and suppliers from and against any and all claims, demands, actions, investigations, proceedings, liabilities, damages, judgments, fines, penalties, losses, costs, and expenses (including reasonable attorneys' fees and the cost of responding to legal process) arising out of or relating to:

• Your use of or access to the Service;
• Your violation of these Terms, including Sections 5, 5.1, 6, and 7;
• Your violation of any applicable law or regulation, or the terms of any third-party platform;
• Your infringement or violation of the rights of any third party; and
• Any content, message, or activity transmitted through or associated with any number allocated to you.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. This Section survives termination.

14. Abuse Reporting

If you believe a number or account associated with the Service is being used unlawfully or in violation of these Terms, report it to [email protected] with the number, approximate times, and a description of the conduct. We review reports promptly and, where a report is substantiated, will take appropriate action, which may include reclaiming the number, suspending or terminating the account, preserving records, and notifying law enforcement. Law enforcement requests and legal process should also be directed to that address.

15. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including a violation of these Terms. Upon termination, your right to use the Service ceases immediately, any numbers allocated to you are reclaimed, and — where termination follows a material breach of Section 5, 5.1, or 7 — any remaining wallet balance is forfeited. You may stop using the Service at any time.

16. Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, and without prejudice to any non-waivable rights you may have under the laws of your place of residence. Subject to Section 17, you and we submit to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming.

17. Dispute Resolution; Arbitration; Class Action Waiver

Informal resolution first. Before starting any proceeding, you agree to contact us at [email protected] with a written description of the dispute and to attempt in good faith to resolve it for at least thirty (30) days.

Binding arbitration. If the dispute is not resolved, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding individual arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on a substitute administrator, or a court of competent jurisdiction may appoint one. The arbitration will be conducted in the State of Wyoming, or by videoconference or on the documents alone at the arbitrator's discretion. The arbitrator's award may be entered in any court of competent jurisdiction.

Class action waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim must proceed in court and is severed from any arbitration.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or to address unauthorized access to or misuse of the Service.

18. Time Limit on Claims

To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose, or it is permanently barred.

19. General

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions remain in full force.

Survival. Sections 5, 5.1, 6, 7, 9, 11, 12, 13, 16, 17, 18, and 19 survive any termination or expiration of these Terms.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including carrier or upstream provider outages, network failures, acts of government, or changes in law or third-party policy.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms freely.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

No third-party beneficiaries. These Terms create no rights in any third party.

Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Service and supersede any prior understanding.

20. Contact Us

Questions about these Terms? Contact us at [email protected]. Abuse reports and legal process: [email protected].