Who Texts First

Terms of Service

Effective date: set on production go-live (G5 human ✋).

The short version: Who Texts First is a free tool that runs entirely in your browser — you drop or paste your own chat, and we never see or store your messages. The first card is free; unlocking the rest of the deck (and a video export) is a one-time $2.99 payment through Stripe — no account, no subscription, ever. The unlock lives on the device/browser you paid with, not in an account, so clearing your browser data or switching devices will lose it (there's nothing to restore, since we never see your purchase either). The stats are for fun, not advice — please only analyze chats you're actually part of. We provide the Service "as is," without guarantees, and our liability is limited as described in Section 10. Our Privacy Policy explains what little data we do collect. This short version is just a summary — the full Terms below are what actually govern your use.

1. Agreement to these Terms

These Terms of Service ("Terms") are an agreement between you and ZIX DEV Inc, a Delaware corporation with its registered address at 1111B S Governors Ave STE 40023, Dover, DE 19904, United States ("ZIX DEV," "we," "us," or "our"). They cover your use of whotextsfirst.com, marketed as Who Texts First (the "Service").

By using the Service, you agree to these Terms. If you don't agree, please don't use it. You must be at least 13 (or the minimum age of digital consent in your country) and able to legally enter into this agreement. If you're using the Service to make a $2.99 Pro purchase, you must also be old enough, and have the legal capacity, to make that purchase where you live.

2. What Who Texts First is

Who Texts First is a free, browser-based tool. You drop a WhatsApp .txt export or a Telegram JSON export — or paste a conversation and tag the two speakers yourself — and the Service produces an 8-card, wrapped-style stat deck about the two of you: who texts first, response habits, emoji, a personality badge, and more. Card 1 (the "Who Texts First" card) is free and shareable; Cards 2–8, plus a video-reel export of the whole deck, unlock with a one-time $2.99 payment (Section 6).

Everything happens on your own device. Your chat content and every derived stat are processed inside your own browser; we never upload, see, or store them. See our Privacy Policy for how that works.

Paste mode is intentionally lower-fidelity. If you paste text instead of dropping a real chat export, the Service doesn't have real timestamps to work with, so some time-based stats (night-owl score, longest streak, double-text ratio, left-on-read) can't be honestly computed — the Service shows a plain "needs a real chat export" state for those cards rather than making up a number, and the free preview card may show a different stat (like your top emoji) instead of the initiation split. Section 8 says more about accuracy.

The Service is free today (aside from the optional Pro unlock). If that ever changes in a bigger way — new paid tiers, limits, and so on — we'll update these Terms and the site first.

3. Your privacy

Our Privacy Policy explains what information we do (and don't) collect, and governs your use of the Service alongside these Terms.

4. Using the Service

We grant you a personal, non-exclusive, revocable license to use Who Texts First for your own personal, non-commercial purposes, subject to these Terms.

Analyze your own conversations. You confirm that you are a participant in any chat you analyze, or that you otherwise have the legal right to do so — and that you're not using Who Texts First to monitor, check up on, or surveil someone without their knowledge. You are solely responsible for how you use, generate, and share any output, including anything a card or caption says about someone else who didn't choose to be part of this.

Please also don't:

  • use the Service for anything unlawful, fraudulent, or that violates someone else's rights (including

privacy, publicity, or intellectual-property rights);

  • use the Service to harass, bully, dox, or intimidate anyone, or to publish someone's identifiable

information against their wishes;

  • try to bypass, spoof, or fake the $2.99 Pro unlock instead of paying for it, or help anyone else do

so — we don't use copy-protection technology to stop this (Section 6.2), but it's still against these Terms;

  • copy, reverse-engineer, decompile, or build derivative works from the Service's software, except

where the law says we can't stop you;

  • resell, sublicense, rent, or pass the Service off as your own product;
  • remove or obscure any copyright, trademark, or other notice;
  • use bots, scrapers, or other automated tools to access, overload, disrupt, or probe the Service;
  • try to get around any technical limit we put in place;
  • upload or paste content designed to exploit, disrupt, or gain unauthorized access to the Service or

another user's device;

  • misrepresent your identity or your connection to ZIX DEV Inc.

We may suspend or block access for anyone we reasonably believe is breaking these rules, without prior notice where needed to protect the Service or other users. Since there are no accounts, "access" in practice means our ability to block a device, IP address, or pattern of use at the infrastructure level, not a login we can revoke.

5. Your chats, your cards, your rights

You own your chat content and everything generated from it. Any chat export, pasted conversation, derived stat, generated card, or video-reel export (together, "Content") belongs entirely to you. Because processing happens on your own device, we never receive, see, or store it — there's nothing for us to claim any right to, and we don't.

You're responsible for your Content. You confirm you have the right to analyze any chat you use with the Service, and that doing so, and anything you generate or share from it, doesn't break the law or violate anyone else's rights (Section 4).

Feedback. If you send us suggestions or feedback about the Service, you agree we can use them without owing you anything.

6. The Pro unlock ($2.99, one-time)

6.1 What it is

For a one-time payment of $2.99, you can unlock Cards 2–8 of your deck plus a video-reel export — no subscription, no recurring charge, no renewal, and nothing further will ever be charged to your card because of this purchase. Payment is handled entirely by Stripe: tapping "Unlock Pro" takes you to Stripe's own secure payment page (checkout.stripe.com); we never see or handle your card details, and no Stripe script or page ever loads on our site. What Stripe collects and how it uses it is governed by Stripe's own terms and privacy policy, not ours.

6.2 The unlock lives on your device, not your account

There's no account, no login, and no cloud record of your purchase. When your payment succeeds, Stripe sends you back to our site, and we save a small marker in your browser's local storage on the device and browser you used. That marker is the only record anywhere in Who Texts First that you bought Pro — we don't have a customer database, an order history, or any server-side record of who paid.

This means:

  • **If you clear your browser's site data, use private/incognito mode, switch browsers, or switch

devices, the unlock won't be there anymore** — and there's no account to sign back into to get it back. This is expected behavior, a direct consequence of a tool that has no accounts and never asks for your email or any personal information to sell you Pro, not a defect.

  • We don't use DRM or any other copy-protection technology to enforce this unlock. It's an honest

marker, not a lock — Section 4 asks you not to bypass or fake it, but we're not relying on technology to stop you. That's a deliberate choice: the thing you're paying for is more cards and a video, never your private chat data, so we'd rather keep the product simple, accountless, and private than build server-side protection for a $2.99 unlock.

  • If you lose your unlock and still have your Stripe payment receipt or confirmation email,

contact us at contact@zixdev.com. We may, at our discretion, help you regain access — for example, by pointing you to how to re-trigger the unlock on your current browser using your receipt. We can't guarantee this in every case, since we have no independent way to verify a purchase beyond what Stripe's own receipt shows, but we'll do what we reasonably can.

6.3 Refunds

Because the Pro unlock is digital content delivered to you immediately once your payment succeeds, and there's no subscription or recurring charge to cancel, we don't offer automatic refunds once the unlock has been delivered. That said:

  • If something goes wrong on our end or Stripe's — a duplicate charge, a payment that succeeded but

the unlock never appeared, or a similar payment problem — email us at contact@zixdev.com with your Stripe receipt or confirmation email, and we'll look into it.

  • We may, at our discretion, refund your payment (through Stripe) or help resolve the issue another

way. Neither is guaranteed, but we want purchasers treated fairly.

  • Stripe's own dispute or buyer-protection processes, if any apply to your purchase, operate

independently of this section.

  • Depending on where you live, you may have additional legal rights to a refund, cancellation, or a

cooling-off period for digital purchases that this section doesn't take away. *(This is flagged for outside-counsel confirmation — some jurisdictions, notably the EU/UK, give consumers a statutory right to cancel a digital-content purchase within a set window unless they've expressly agreed to immediate delivery and given up that right; this Section is not a substitute for that analysis.)*

7. Our intellectual property

The Service itself — its software, design, and the "Who Texts First" name and branding — belongs to ZIX DEV Inc or our licensors, and is protected by copyright, trademark, and other laws. These Terms don't transfer any of that to you; you get only the license in Section 4.

8. Important disclaimers

Who Texts First is for fun, not for advice. The stats, badges, and cards are a playful, entertainment-only read on your own texting habits — they are not relationship advice, legal advice, professional advice of any kind, or a diagnosis of anything about you or the person you're analyzing. Don't use them, and don't let anyone else use them, to make an important decision about a relationship, a legal matter, or anything else that actually matters.

We don't warrant the accuracy of any stat, card, or badge. The Service is a rule-based tool, not a verified analysis — parsing quirks, unusual export formats, edge cases in the underlying chat data, or (as described in Section 2) the inherent limits of Paste mode can all produce a stat that doesn't perfectly reflect reality. Paste-mode results are explicitly reduced-fidelity — several time-based stats can't be computed at all from pasted text and are shown as unavailable rather than guessed at, and even the ones that are shown depend entirely on how accurately you tagged and pasted the conversation.

9. No warranty

The Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind — express, implied, or statutory — including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent the law allows.

In practice: Who Texts First runs unsupervised in your browser with no human review of your chats, so we can't guarantee a particular result, that every card will render correctly on every device, or that the Service will be uninterrupted, secure, error-free, or always available. We also don't warrant that Stripe's checkout, or the Pro unlock, will always work perfectly on the first try.

Some places don't allow excluding certain warranties, so some of the above may not apply to you in full.

10. Limitation of liability

To the maximum extent the law allows, ZIX DEV Inc is not liable for indirect, incidental, special, consequential, or punitive damages — including lost profits, data, or goodwill — arising from your use of (or inability to use) the Service, including any card, stat, or badge you rely on, share, or are named in, and including anything arising from the Pro unlock, its loss, or a payment issue (Sections 6.2–6.3).

Our total liability for any claim is capped at the greater of (a) what you paid us in the 12 months before the claim arose (typically $2.99 if you bought Pro, or $0 if you didn't) or (b) US$100. This cap applies no matter the legal theory (contract, tort, or otherwise), even if we've been told such damages were possible. *(This numeric floor is flagged for outside-counsel confirmation — some jurisdictions restrict liability caps below certain consumer-protection floors.)*

Some places don't allow limiting liability this way, so some of this may not apply to you, and you may have additional rights.

11. Advertising, analytics & other third-party services

Payments. As described in Section 6, Stripe handles the Pro unlock entirely on its own hosted page; it is an independent third party, not our agent, and its own terms and privacy policy govern that step, not ours.

Analytics. We use privacy-friendly, cookieless analytics (self-hosted Plausible) to understand how the Service is used — it sets no cookies, collects no personal data or cross-site identifiers, needs no consent banner, and never touches your chat content, derived stats, or generated cards. Our Privacy Policy explains this in detail.

Advertising. Who Texts First shows no ads today. We may introduce advertising on content/guide pages in the future (never on the analyzer flow itself) — that decision is separate and not yet made. If we ever do, it would run through an independent third-party network (such as Google AdSense), would be an independent third party, not our agent, and we would not endorse or take responsibility for ad content. One thing that would never change: no chat content, derived stat, or generated card is ever shared with an advertiser, ad network, or analytics provider.

This section works alongside, not instead of, Sections 9 (No warranty) and 10 (Limitation of liability).

12. Independence & trademarks

Who Texts First is an independent product operated by ZIX DEV Inc. It lets you analyze chat exports you provide from WhatsApp or Telegram. Who Texts First is not affiliated with, endorsed by, or sponsored by Meta, WhatsApp, Telegram, Spotify, or any other third-party company or product referenced for comparison. Any comparisons we make to those products or their features are factual and are not intended to disparage them.

"Who Texts First" and the whotextsfirst.com branding are ZIX DEV Inc's, used under common-law rights; we do not currently claim any US federal trademark registration in this name.

13. Changes to the Service and these Terms

We may add, change, or discontinue any part of the Service at any time, since it's offered free of charge (aside from the optional Pro unlock).

We may also update these Terms. When we do, we'll post the new version here and update the "Effective date" above; for material changes, we'll try to flag it on the site. Continuing to use the Service after an update means you accept the revised Terms. If a future change would materially affect what the $2.99 Pro unlock includes for people who already bought it, we'll try to honor what you paid for at the time.

14. Ending your use

You can stop using Who Texts First at any time — there's no account to close and nothing to cancel.

We may suspend or block your access if we reasonably believe you've violated these Terms or misused the Service, or if we discontinue it. Sections that should naturally survive — including Sections 5, 6, 7, 8, 9, 10, and 12 — continue to apply after your use ends.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service is subject to the exclusive jurisdiction of the state or federal courts located in Delaware, United States, and you consent to that jurisdiction and venue.

These Terms don't include a mandatory-arbitration or class-action-waiver clause.

16. General

A few standard items: these Terms, together with our Privacy Policy, are the entire agreement between you and ZIX DEV Inc about the Service, and replace any earlier agreements on this subject; if any part of these Terms turns out to be unenforceable, the rest still stands; our failure to enforce a provision isn't a waiver of our right to do so later; you can't assign these Terms to someone else, but we may — for example, in a merger, acquisition, or sale of assets; and we're not liable for delays or failures caused by events outside our reasonable control.

17. Contact

Questions about these Terms, the Pro unlock, or a refund request? Contact us at contact@zixdev.com, or by mail at ZIX DEV Inc, 1111B S Governors Ave STE 40023, Dover, DE 19904, United States.