Terms of Service
This agreement is between [YOUR LLC NAME] LLC and the business subscribing to our service. If you received a text message from a business, see our SMS Terms instead.
1. What we provide
Never Missed It answers your missed calls with an automated text message, responds to questions using information you supply, schedules appointments, and notifies you when a conversation needs a person. We provide a dashboard showing this activity.
2. Your responsibilities
You are responsible for:
- The accuracy of the business information you provide. Our replies are built from your prices, hours, policies, and approved answers. Wrong inputs produce wrong replies.
- Reviewing conversations flagged for your attention. The service escalates to you but cannot act on your behalf once it does.
- Complying with laws applicable to your business, including consumer protection and any licensing or advertising rules in your trade.
- Keeping your account credentials secure.
3. Messaging compliance
You agree not to use the service to send marketing messages, promotional campaigns, or messages to any number that has not first contacted your business. You will not upload purchased or scraped contact lists.
The service honours STOP requests automatically and you may not attempt to circumvent them. Violating these terms may result in immediate suspension, and carrier or regulatory penalties may be passed on to you.
4. Automated replies and their limits
Replies are generated by automated software. We build in safeguards — it works only from information you approve, will not quote prices outside ranges you set, and hands off to you when uncertain. Even so, automated systems can make mistakes, and you remain responsible for communications sent from your business. Review your conversations regularly.
The service is not for emergencies. It is configured to route urgent situations to a person, but you must not rely on it as an emergency response channel.
5. Fees and billing
Subscription fees are billed monthly in advance and are non-refundable except as required by law. We may change pricing with 30 days’ notice. Carrier fees, phone number fees, and messaging registration costs may be billed separately or passed through.
Failure to pay may result in suspension. You may cancel at any time, effective at the end of your current billing period.
6. Your data
You own your business information and your customer conversation records. We process them to operate the service, as described in our Privacy Policy. On cancellation you may request an export, and we will delete your data on request subject to the retention limits in that policy.
7. Availability
We aim for continuous availability but do not guarantee uninterrupted service. The service depends on third parties including telephone carriers, and outages outside our control may occur.
8. Limitation of liability
To the maximum extent permitted by law, [YOUR LLC NAME] LLC is not liable for indirect, incidental, or consequential damages, including lost profits or lost business opportunities. Our total liability for any claim is limited to the fees you paid us in the three months preceding the claim.
The service is provided “as is” without warranties of any kind beyond those that cannot be disclaimed by law.
9. Indemnity
You agree to indemnify us against claims arising from your use of the service in violation of these terms, including claims relating to messages sent to people who did not contact your business.
10. Termination
Either party may terminate with 30 days’ notice. We may suspend immediately for non-payment or for conduct that puts our carrier relationships or other customers at risk.
11. Changes
We may update these terms and will notify you by email at least 30 days before material changes take effect. Continued use after that constitutes acceptance.
12. Contact
[YOUR LLC NAME] LLC, [STREET ADDRESS], [CITY], [STATE] [ZIP]. support@nevermissedit.com