Terms of Service

BURNERPHONE, LLC

Effective Date: July 28, 2025

1. ACCEPTANCE OF TERMS

By accessing, downloading, or using the BurnerPhone application and services provided by BURNERPHONE, LLC, an Iowa limited liability company (“Company,” “BurnerPhone,” “we,” “us,” or “our”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use our services.

2. DESCRIPTION OF SERVICE

BurnerPhone provides temporary and disposable phone number services, including voice calling, text messaging, voicemail, and related communication services (“Service”). The Service allows users to obtain temporary phone numbers for privacy protection and secure communication needs through our mobile application and web platform.

3. USER ELIGIBILITY AND ACCOUNT CREATION

3.1 Age Requirement

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Account Registration

To use the Service, you must create an account by providing a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete.

4. ACCEPTABLE USE POLICY

4.1 Permitted Uses

You may use the Service for lawful personal or business communication purposes in accordance with these Terms and applicable laws.

4.2 Prohibited Uses

You agree NOT to use the Service for any of the following prohibited activities:

Illegal Activities:

Any illegal activities or purposes under local, state, federal, or international law
Violating any applicable laws, regulations, or third-party rights
Money laundering, fraud, or other financial crimes

Harmful Communications:

Harassment, threats, stalking, or abuse of others
Hate speech, discrimination, or incitement to violence
Distributing obscene, defamatory, or inappropriate content
Impersonating any person or entity

Commercial Misuse:

Spam, unsolicited communications, or bulk messaging
Telemarketing or robocalling
Commercial use without proper authorization
Circumventing rate limits or usage restrictions

Technical Abuse:

Attempting to gain unauthorized access to our systems
Interfering with or disrupting the Service or servers
Distributing malware, viruses, or harmful content
Reverse engineering or attempting to extract source code

Privacy Violations:

Recording calls without proper consent where required by law
Sharing private communications without authorization
Violating others’ privacy rights

4.3 Enforcement

We reserve the right to investigate violations of these Terms and to take appropriate action, including suspension or termination of accounts, at our sole discretion.

5. CRITICAL EMERGENCY SERVICES LIMITATION

5.1 NO 911 SUPPORT

⚠️ IMPORTANT WARNING: THE BURNERPHONE SERVICE DOES NOT AND CANNOT PROVIDE ACCESS TO 911 OR OTHER EMERGENCY SERVICES.

DO NOT ATTEMPT TO USE BURNERPHONE TO CONTACT EMERGENCY SERVICES.

5.2 Emergency Contact Requirements

YOU MUST MAINTAIN ACCESS TO TRADITIONAL PHONE SERVICE OR MOBILE PHONE SERVICE TO CONTACT EMERGENCY SERVICES. In case of emergency, use a traditional landline, mobile phone, or other emergency communication method to contact 911 or your local emergency services.

5.3 No Emergency Location Services

The Service does not provide location information to emergency services and cannot be used for emergency location identification.

6. PAYMENT TERMS AND BILLING

6.1 Service Fees

Certain features of the Service require payment of fees, including but not limited to:

Phone number purchases
Monthly service plans
Usage-based charges for calls and messages
Premium features

6.2 Payment Processing

All payments are processed through third-party payment processors. You agree to pay all charges incurred by your account according to the pricing and billing terms in effect at the time the charges are incurred.

6.3 Refund Policy

All fees are generally non-refundable unless otherwise stated or required by applicable law. We may, at our sole discretion, provide refunds in exceptional circumstances.

6.4 Price Changes

We reserve the right to change our pricing at any time with reasonable notice to users.

7. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and can be found at [burnerphone.io/privacy].

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Rights

The Service and all content, features, functionality, software, and technology are owned by BURNERPHONE, LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or internal business use only.

8.3 Restrictions

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.

9. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, BURNERPHONE, LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICE
ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
AVAILABILITY OF THE SERVICE AT ALL TIMES
COMPATIBILITY WITH ALL DEVICES OR OPERATING SYSTEMS

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

10.1 No Consequential Damages

BURNERPHONE, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
LOSS OF DATA OR INFORMATION
BUSINESS INTERRUPTION OR OPERATIONAL DELAYS
COST OF SUBSTITUTE SERVICES
LOSS OF GOODWILL OR REPUTATION

10.2 Maximum Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO BURNERPHONE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.3 Emergency Services Limitation

BURNERPHONE, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM:

INABILITY TO PLACE EMERGENCY CALLS THROUGH THE SERVICE
DELAYS OR FAILURES IN EMERGENCY COMMUNICATIONS
ANY HARM RESULTING FROM RELIANCE ON THE SERVICE FOR EMERGENCY SITUATIONS

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless BURNERPHONE, LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys’ fees) arising from:

Your use or misuse of the Service
Your violation of these Terms
Your violation of any third-party rights
Your violation of any applicable laws or regulations
Any content you submit or transmit through the Service

12. SERVICE AVAILABILITY AND MODIFICATIONS

12.1 Service Availability

We do not guarantee that the Service will be available at all times or that it will be uninterrupted or error-free. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our reasonable control.

12.2 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. ACCOUNT TERMINATION

13.1 Termination by You

You may terminate your account at any time by contacting our customer support or through your account settings in the application.

13.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, if you breach these Terms or engage in conduct that we determine, in our sole discretion, to be inappropriate or harmful to the Service or other users.

13.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law principles.

14.2 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Iowa, and you hereby consent to personal jurisdiction and venue therein.

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. MODIFICATIONS TO TERMS

15.1 Right to Modify

We reserve the right to modify these Terms at any time in our sole discretion. We will notify you of material changes by posting the updated Terms on our website or through the Service.

15.2 Acceptance of Changes

Your continued use of the Service after the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must stop using the Service.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BURNERPHONE, LLC regarding the Service and supersede all prior and contemporaneous agreements.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, or government actions.

17. CONTACT INFORMATION

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

BURNERPHONE, LLC
Email: john@burnerphone.io
Address: 2465 400th St, Spencer Iowa 51301
Website: https://burnerphone.io

By creating an account and using the BurnerPhone service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: July 28, 2025