Welcome to Zimmer Messenger ("Zimmer"). These Terms of Service ("Terms") govern your use of the Zimmer mobile application and any related services we provide (together, the "Service"). By downloading, installing, or using Zimmer, you agree to be bound by these Terms.
1. Eligibility
You must be at least 13 years old to use Zimmer. If you are between 13 and 18, you may only use Zimmer with the involvement of a parent or guardian. By using the Service, you represent that you meet these requirements and that you have the legal capacity to enter into these Terms in your jurisdiction.
2. Your account
You can use Zimmer anonymously, or you can register with an email address, password, and phone number. If you register:
- You are responsible for keeping your password secure and for all activity that occurs under your account.
- You agree to provide accurate information and to keep it up to date.
- You may not impersonate another person or use someone else's identifying information.
- If you suspect unauthorized access to your account, you must notify us immediately.
You may delete your account at any time by emailing support@zimmermessenger.com. Account deletion is permanent.
3. Channels and content
Zimmer is organized around channels. A channel has one or more broadcasters (its owners) and any number of members. Channels can be public (joinable by code) or private (joinable with a password set by the broadcaster). Direct messages between two users are separate one-to-one conversations.
You retain ownership of the content you post — text, photos, videos, and reactions. By posting content in a channel, you grant Zimmer a worldwide, non-exclusive, royalty-free license to host, store, transmit, and display that content solely for the purpose of operating the Service. You grant other users of the channel a license to receive and display your content within Zimmer.
You represent and warrant that:
- You own or have the right to post the content you share.
- Your content does not violate anyone else's rights (privacy, publicity, copyright, trademark, etc.).
- You are responsible for any consequences of posting your content.
4. Prohibited conduct
You agree not to use Zimmer to:
- Harass, threaten, intimidate, stalk, or bully anyone.
- Publish content that is unlawful, defamatory, hateful, or that incites violence.
- Share sexually explicit content, especially involving minors. We have zero tolerance for child sexual abuse material (CSAM); any such content will be reported to the National Center for Missing & Exploited Children (NCMEC) and applicable authorities.
- Distribute spam, scams, phishing attempts, malware, or other harmful code.
- Sell or facilitate the sale of illegal goods or services, including controlled substances and weapons.
- Infringe anyone's intellectual property or distribute unauthorized copyrighted material.
- Collect, scrape, or otherwise harvest other users' personal information without their consent.
- Use bots, scripts, or other automated means to access or send content through the Service.
- Bypass or attempt to bypass security measures, including the end-to-end encryption boundary.
- Reverse-engineer, decompile, or attempt to extract source code from the app, except to the extent expressly permitted by applicable law.
5. Broadcaster responsibilities
If you create a channel, you are its broadcaster (along with anyone you promote). As a broadcaster you are responsible for:
- Moderating the channel and removing content or members that violate these Terms.
- Setting and managing the channel password if the channel is private.
- Honoring any commitments you make to members about the channel's purpose.
Zimmer reserves the right to take action against channels and broadcasters whose channels repeatedly host violating content.
6. End-to-end encryption
Direct messages and private-channel messages are protected with end-to-end encryption. Zimmer cannot read these messages. This means:
- We cannot help you recover the content of these messages if you lose access to your encryption key.
- We cannot proactively remove encrypted content even if it violates these Terms — you must report it to us through the in-app reporting flow or by email, at which point we can act on metadata (suspend the offending account, remove channels) but not on the underlying encrypted content.
See our Privacy Policy for a full description of what is and isn't encrypted.
7. Push notifications
By using Zimmer, you allow us to send push notifications about messages, reactions, DM requests, and other channel activity to your device. You can disable these notifications at any time from your iOS Settings or by muting individual channels and DMs.
8. Premium features and purchases
Some features ("Promote Channel" upgrades, custom short codes, etc.) may require an in-app purchase. All purchases are processed by Apple through the App Store under Apple's Standard Terms. Refunds are handled by Apple, not by Zimmer. Subscriptions, if any, will auto-renew unless cancelled at least 24 hours before the end of the current period through your Apple ID Settings.
9. Intellectual property
Zimmer, the Zimmer logo, "Notifications That Matter™," and the Zimmer Messenger software are the property of their creator(s) and are protected by intellectual property laws and pending patent applications. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent. Nothing in these Terms transfers any of our intellectual property rights to you.
10. Copyright and DMCA notices
If you believe that content posted on Zimmer infringes your copyright, please send a notice to dmca@zimmermessenger.com with:
- Identification of the copyrighted work you claim has been infringed.
- Identification of the material on the Service that you claim is infringing and enough detail to find it.
- Your contact information.
- A statement that you have a good-faith belief that the use is not authorized.
- A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
- Your physical or electronic signature.
We will respond to valid notices in accordance with the Digital Millennium Copyright Act.
11. Suspension and termination
We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms, if your account creates legal risk for us or other users, or if continued provision of the Service to you is no longer commercially reasonable. You may stop using Zimmer at any time by deleting your account.
Sections that by their nature should survive termination (intellectual property, disclaimers, limitations of liability, governing law) will continue to apply after termination.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT MESSAGES WILL BE DELIVERED WITHOUT DELAY.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZIMMER, ITS CREATOR(S), AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, REVENUE, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) USD $100.
14. Indemnification
You agree to defend, indemnify, and hold harmless Zimmer and its creator(s), affiliates, and licensors from and against any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third party's rights, including intellectual property or privacy rights.
15. Governing law and disputes
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws principles. You and Zimmer agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect intellectual property rights.
16. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we'll notify you inside the app or by email (if you've provided one) at least 7 days before the change takes effect. Your continued use of the Service after the change takes effect means you accept the updated Terms. If you don't accept them, you must stop using the Service.
17. Apple-required terms
If you obtained Zimmer through Apple's App Store, you acknowledge that:
- These Terms are between you and Zimmer's creator(s), not Apple. Apple has no responsibility for the Service or its content.
- Your license to use the app is limited to use on Apple-branded devices you own or control and as permitted by the App Store Terms of Service.
- Apple is a third-party beneficiary of these Terms and may enforce them against you.
- If the app fails to conform to any applicable warranty, you may notify Apple, who will refund the purchase price (if any). Beyond that, Apple has no warranty obligation.
- You agree that you are not located in a country subject to a U.S. government embargo and that you are not on any U.S. government list of prohibited or restricted parties.
18. Contact
Questions about these Terms? Email us at support@zimmermessenger.com. For privacy questions, email privacy@zimmermessenger.com. For copyright notices, email dmca@zimmermessenger.com.