Terms of Use

These Terms of Use ("Terms") govern access to Zappy Calls, its iOS app, hosted AI receptionist, websites, and support services (the "Service") provided by Fluid Bloom Media LLC ("Fluid Bloom," "we," "us," or "our"). By creating an account, purchasing a subscription, or using the Service, you agree to these Terms and Apple's applicable standard End User License Agreement. If you use the Service for an organization, you represent that you may bind that organization.

1. What the Service does

Zappy Calls helps an authorized business configure and monitor a hosted AI receptionist. Depending on the account and enabled capabilities, the Service may answer forwarded or assigned-number calls, provide approved business information, collect caller details, create lead outcomes, attempt a transfer, send notifications, or check connected-calendar availability. The iOS app is primarily a management companion; calls are ordinarily processed through hosted telephone and AI providers, not by the iPhone itself.

2. AI limitations and customer responsibility

AI-generated speech, transcripts, extraction, summaries, urgency classification, and other outputs can be delayed, incomplete, or wrong. You must review business instructions, website-derived facts, prices, hours, service areas, availability, emergency language, and transfer rules before activation and monitor outcomes afterward. You must not instruct or allow Zappy Calls to invent or guarantee pricing, appointments, dispatch, arrival time, legal outcomes, medical advice, insurance coverage, warranties, or facts the business has not approved.

You remain responsible for customer service, staffing, follow-up, professional judgment, licenses, regulatory duties, recordkeeping, and all commitments made by your business. Zappy Calls does not form an attorney-client, clinician-patient, insurer-insured, fiduciary, or emergency-dispatch relationship with callers.

3. Emergency and high-risk use

The Service is not 911, an emergency dispatcher, alarm-monitoring service, medical provider, law firm, or substitute for trained staff. It must not be the sole means to obtain emergency assistance or handle a life-safety, legal-deadline, security, or other high-risk situation. You must provide an accurate emergency and after-hours policy and suitable human destinations. Where immediate danger may exist, the receptionist should direct the caller to the appropriate emergency service and avoid diagnosis or a promise that someone is on the way.

4. Call forwarding, voicemail, transfers, and public numbers

You are responsible for obtaining authority over every number you connect, forward, publish, or use as a transfer destination. Carrier, landline, cable voice, Google Voice, hosted VoIP, PBX, voicemail, and call-center behavior varies. You must follow the relevant provider's instructions and test the exact route.

• Do not transfer a call to the same public number that forwards to Zappy, or to a destination that routes back to Zappy.
• Keep published hours, AI answering coverage, human-transfer hours, and booking availability accurate and separate.
• Test open hours, after hours, busy, no answer, unreachable, voicemail, caller ID, transfer success and failure, hang-up, maximum duration, notifications, usage, outage fallback, and how to undo forwarding.
• If you publish a Zappy-provided number, confirm continuity and port-out terms before relying on it as the primary identity of your business.

Do not update Google Business Profile or other directories merely to test forwarding. If you deliberately make a Zappy number public, you are responsible for accurate, consistent profile updates and any reverification.

5. Caller notices, consent, and content

You are responsible for lawful caller notice and consent relating to AI interaction, transcription, recording if ever enabled, messaging, and personal-information processing. Laws vary by jurisdiction and call direction. You must maintain your own privacy notice and use a spoken disclosure when required. You represent that you have lawful rights to provide business knowledge, website material, contacts, calendars, caller data, and instructions to the Service.

You may not use the Service to collect full payment-card details, passwords, government identifiers, medical records, or other highly sensitive information without Fluid Bloom's prior written approval and any required safeguards and agreements. No HIPAA business associate agreement or regulated-industry certification is provided unless separately signed in writing.

6. Accounts and security

You must provide accurate information, keep credentials and devices secure, limit staff access, promptly remove former users, and notify us of suspected compromise. You may not share an individual credential, bypass account or minute limits, probe another customer's data, interfere with the Service, reverse engineer except where law permits, abuse provider networks, or use the Service for spam, fraud, impersonation, harassment, unlawful surveillance, deceptive practices, or illegal activity.

7. Subscriptions, trials, and included minutes

iOS subscription prices, billing period, trial or introductory offer, included minutes, and renewal terms are shown in the App Store purchase flow before purchase. Apple bills and manages iOS subscriptions. Subscriptions renew automatically unless canceled through Apple at least 24 hours before the end of the current period, subject to Apple's then-current rules. Deleting the app or requesting account deletion does not itself cancel an Apple subscription.

Unless the purchase screen expressly states otherwise, included minutes are consumed by connected hosted calls and by live AI tests on a paid account. Metering is based on provider event and usage records and may be posted after a short delay. The purchase screen or plan details will state the applicable rounding rule before paid service is offered. Demo usage, if offered, may use a separate allowance. When an allowance is exhausted, service may pause, fall back to a disclosed mode, or require a plan change; Zappy Calls will not silently promise unlimited answering.

Refund, cancellation, renewal, billing-retry, grace-period, and revocation handling for App Store purchases is governed by Apple and applicable law. Restore Purchases must be used with the same Apple Account. Taxes may apply. Telephone numbers, number rental, messaging, special provisioning, premium support, or usage outside an App Store subscription may require a separate written order where allowed.

8. Availability and changes

Telephone carriers, Apple, Cloudflare, Telnyx, Vapi, model providers, calendar providers, the internet, and customer phone systems can fail or change. We do not guarantee uninterrupted service, that every call will be answered, perfect caller-ID preservation, successful transfer, accurate transcript, completed booking, or immediate notification. We may modify features, providers, limits, or compatibility to improve security, reliability, compliance, or the product. Material subscription changes will be handled as required by Apple and law.

9. Support, suspension, and termination

Support is available at colton@fluidbloommedia.org. We may restrict or suspend service for nonpayment, expired entitlement, security risk, abuse, unlawful use, provider rejection, risk to callers, or breach of these Terms. We will use reasonable efforts to provide notice and a chance to cure when appropriate, but may act immediately to protect people, data, networks, or providers.

You may stop using the Service, cancel through Apple, and request account deletion. Before publishing or relying on a Zappy-provided number, review its continuity and port-out terms. Account termination does not automatically reverse forwarding configured at your carrier; you must restore your call route.

10. Ownership and feedback

You retain ownership of your business content. You grant Fluid Bloom and its service providers the limited rights necessary to host, transmit, process, and format it to provide, secure, support, and improve the Service. Fluid Bloom retains ownership of the Service, software, designs, documentation, models or configurations created by us, and related intellectual property. If you provide feedback, you allow us to use it without restriction or compensation, without identifying you publicly unless you agree.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." FLUID BLOOM DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. WE DO NOT WARRANT THAT AI OUTPUT OR PHONE ROUTING WILL BE ERROR-FREE, COMPLETE, LAWFUL FOR YOUR PARTICULAR USE, OR SUITABLE AS YOUR ONLY BUSINESS-CONTINUITY PLAN. Some jurisdictions do not allow certain disclaimers, so portions may not apply to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUID BLOOM WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, CALLS, LEADS, APPOINTMENTS, OR BUSINESS; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR LIABILITY THAT CANNOT LEGALLY BE LIMITED, FLUID BLOOM'S TOTAL LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO FLUID BLOOM FOR THE SERVICE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. This allocation is a fundamental basis of the agreement.

13. Indemnity

To the extent permitted by law, you will defend and indemnify Fluid Bloom and its personnel from third-party claims, losses, and reasonable costs arising from your business content, call instructions, unlawful notice or consent practices, forwarding or number configuration, regulated use, commitments to callers, violation of law, or breach of these Terms. This does not require indemnification for Fluid Bloom's own willful misconduct where prohibited.

14. Law, disputes, and changes

These Terms and disputes will be governed by the laws applicable to Fluid Bloom Media LLC, without regard to conflict-of-law rules, except where consumer law requires otherwise. Before filing a claim, each side agrees to send written notice and attempt in good faith to resolve it for 30 days. Nothing in these Terms prevents either side from seeking urgent injunctive relief or using a qualifying small-claims process.

We may update these Terms as the Service or law changes. We will post the effective date and give additional notice when required. Continued use after an update takes effect constitutes acceptance where allowed. If you do not agree, stop using the Service, cancel any subscription through Apple, restore carrier routing, and request account deletion.

15. Contact

Fluid Bloom Media LLC
Email: colton@fluidbloommedia.org