Terms of Service

1. Acceptance of Terms

By accessing, registering for, or using the CantMissCalls LLC platform and services ("Services"), you ("Client," "you," or "your") agree to be bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations. These Terms apply to all visitors, users, and others who access or use the Services.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "Client" shall refer to such entity.

We reserve the right to refuse service to anyone for any reason at any time.

2. Description of Services

CantMissCalls LLC provides AI-powered phone answering and appointment scheduling services designed for home service businesses. Our Services include:

• AI Voice Agent: An artificial intelligence system that answers inbound phone calls on behalf of your business
• Appointment Scheduling: Automated booking of service appointments based on your calendar availability
• Lead Capture: Collection and organization of caller information and service requests
• Call Routing: Intelligent routing of calls including emergency transfers
• SMS Notifications: Automated text message confirmations and reminders
• Reporting Dashboard: Access to call logs, recordings, and analytics

Our Services are provided through the GoHighLevel platform and integrate with various third-party telephony and AI providers.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Be a legally formed business entity or sole proprietor operating in the United States
• Have the legal authority to enter into binding contracts
• Provide accurate and complete registration information
• Not be prohibited from using the Services under any applicable law

By using our Services, you represent and warrant that you meet all eligibility requirements.

4. Account Registration

4.1 Account Creation

To access our Services, you must complete our onboarding process and provide accurate, current, and complete information about your business, including:

• Legal business name and DBA (if applicable)
• Business address and contact information
• EIN/Tax ID for A2P registration purposes
• Authorized representative information
• Services offered and operating hours

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We are not liable for any loss or damage arising from your failure to protect your account information.

5. Subscription and Payment Terms

5.1 Subscription Plans

Our Services are offered under the following subscription plans:

• Monthly Plan: Billed on a recurring monthly basis at the then-current monthly rate. The monthly plan renews automatically each billing cycle until cancelled.
• Annual Plan: Billed as a single upfront payment for a full 12-month subscription term. The annual plan provides a discounted rate compared to the monthly plan.

Current pricing and plan details are presented at checkout and may be updated from time to time. The plan you select at the time of purchase determines your billing terms.

5.2 Billing

• Monthly Billing Cycle: Monthly subscriptions are billed in advance on the same date each month, beginning on the date of your initial purchase.
• Annual Billing: Annual subscriptions are billed as a single payment for the full 12-month term at the time of purchase.
• Payment Method: All payments are processed securely through Stripe. By subscribing, you authorize us to charge your designated payment method for all fees due under your selected plan.
• Currency: All fees are quoted and payable in U.S. dollars.
• Taxes: Fees do not include applicable taxes, which will be added where required by law.

5.3 Automatic Renewal

5.4 Cancellation

You may request cancellation at any time by:

• Emailing us at [email protected]
• Contacting us through your account dashboard

5.5 Refund Policy

5.6 Failed Payments

If your payment method fails, we may:

• Attempt to charge the payment method again
• Suspend your Services until payment is received
• Terminate your account after 14 days of non-payment

5.7 Price Changes

We reserve the right to change our pricing with at least 30 days' notice. Price changes will apply to new subscription periods only. For monthly subscribers, continued use after a price change takes effect constitutes acceptance of the new pricing. For annual subscribers, any price change will take effect only upon renewal of the annual term.

6. AI Technology Disclaimer

6.1 Nature of AI Outputs

You acknowledge that:

• Outputs from our AI system are generated by probabilistic machine learning models and may contain errors, omissions, or inaccuracies
• The AI may occasionally misunderstand callers, provide incorrect information, or fail to properly handle certain requests
• AI technology is constantly evolving and performance may vary
• The AI is not a substitute for human judgment in critical situations

6.2 No Professional Advice

Our AI agent does not provide and should not be relied upon for:

• Legal advice
• Medical advice
• Emergency services (callers should be directed to 911 for emergencies)
• Financial advice
• Any other professional advice requiring licensed expertise

6.3 Client Responsibility

You are solely responsible for:

• Reviewing call recordings and transcripts for accuracy
• Verifying appointment details with customers
• Providing accurate information in your knowledge base
• Training and configuring the AI appropriately for your business
• Implementing backup procedures for critical communications

6.4 Model Updates

We may modify, upgrade, or replace the underlying AI models, voice technology, or system components at any time to improve performance and functionality. You are responsible for testing and validating continued suitability following any such updates.

7. Compliance Obligations

7.1 Telecommunications Compliance

You agree to comply with all applicable telecommunications laws and regulations, including but not limited to:

• Telephone Consumer Protection Act (TCPA): Requirements for automated calls and text messages
• State call recording laws: Including two-party consent requirements in applicable states
• Do Not Call regulations: Maintaining and honoring opt-out requests
• A2P 10DLC requirements: Proper registration and compliance for business text messaging

7.2 A2P Registration

You acknowledge that A2P (Application-to-Person) registration is required for SMS messaging and agree to:

• Provide accurate business information for brand registration
• Complete campaign registration as required
• Maintain compliance with carrier requirements
• Pay all associated registration fees

7.3 Record Keeping

You must maintain comprehensive records of:

• Customer consent for communications
• Opt-out and Do Not Call requests
• Call logs and communication history
• Any other records required by applicable law

7.4 Regulatory Disclaimer

CantMissCalls LLC does not represent or warrant that our Services comply with or satisfy any specific regulatory requirement. Our Services are provided as tools to support your business operations. You must independently determine the suitability of our Services for your regulatory obligations and consult with legal counsel as appropriate.

8. SMS/Text Messaging Terms

8.1 Business Identity

CantMissCalls LLC provides AI-powered phone answering and appointment scheduling services for home service businesses. SMS messages sent through our Services may include appointment confirmations and reminders, account status updates, login verification codes, billing notifications, service alerts, and follow-up communications.

8.2 Consent Requirements

You are responsible for obtaining proper consent from recipients before sending any text messages. Consent must be:

• Clearly and conspicuously disclosed
• Voluntarily provided (not required for service)
• Documented and retained

8.3 Opt-Out and Support

You can cancel the SMS service at any time. Just text "STOP" to the number from which you received the message. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

8.4 Message Frequency and Data Rates

8.5 Prohibited SMS Content

You may not use our Services to send messages containing:

• Illegal content
• Phishing or fraudulent content
• Cannabis or controlled substance promotions
• Hate speech or discriminatory content
• Adult or explicit content
• Any content prohibited by carrier guidelines

8.6 SMS Data Privacy

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

8.7 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

CantMissCalls LLC is also not liable for any delays, failures, or errors in SMS message delivery caused by mobile carriers or network providers. We are not responsible for:

• Messages that are delayed, lost, or undelivered due to carrier network issues
• Carrier filtering or blocking of messages
• Network outages or service interruptions by your mobile carrier
• Any issues arising from carrier-imposed message throughput limitations
• Changes to carrier policies that affect message delivery

Message delivery is dependent on your mobile carrier's network availability and policies, which are outside of our control.

8.8 Privacy Policy

If you have any questions regarding privacy, please read our privacy policy: https://cantmisscalls.com/privacy

9. Acceptable Use Policy

9.1 Permitted Use

You may use our Services only for lawful business purposes related to managing inbound customer communications for your home service business.

9.2 Prohibited Activities

You agree NOT to use our Services to:

• Violate any applicable law, regulation, or third-party rights
• Engage in fraudulent, deceptive, or misleading activities
• Send spam, unsolicited messages, or make unauthorized calls
• Harass, threaten, or harm any person
• Impersonate any person or entity
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble our software
• Use our Services for any illegal purpose
• Resell or redistribute our Services without authorization

9.3 Enforcement

We reserve the right to suspend or terminate your access to our Services immediately, without notice, for any violation of this Acceptable Use Policy.

10. Data Ownership and Privacy

10.1 Your Data

You retain ownership of all data you provide to us and all data collected from your customers through our Services ("Client Data"). You grant us a limited license to use Client Data solely for the purpose of providing and improving our Services.

10.2 Our Data Practices

Our collection and use of data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10.3 Data Security

We implement reasonable security measures to protect Client Data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

10.4 Data Upon Termination

Upon termination of your account, you may request export of your Client Data for up to 30 days. After this period, we may delete your data in accordance with our data retention policies.

11. Intellectual Property

11.1 Our Intellectual Property

CantMissCalls LLC and its licensors own all right, title, and interest in and to the Services, including all associated intellectual property rights. The Services are protected by copyright, trademark, and other laws. You may not copy, modify, distribute, sell, or lease any part of our Services or included software.

11.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.

11.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding our Services, you grant us an unlimited, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without compensation to you.

12. Service Availability

12.1 Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. Our Services may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Unscheduled maintenance or emergency repairs
• Third-party service provider issues
• Force majeure events
• Factors beyond our reasonable control

12.2 No Guarantee

WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE AVAILABLE 100% OF THE TIME OR THAT ALL CALLS WILL BE ANSWERED. You should maintain backup procedures for critical communications.

13. Third-Party Services

13.1 Third-Party Providers

Our Services integrate with and rely upon third-party services, including but not limited to:

• GoHighLevel: Platform provider for CRM, phone system, and scheduling
• Telephony Providers: Phone carriers and A2P messaging services
• AI/Voice Providers: Artificial intelligence and voice synthesis technology
• Cloud Infrastructure: Hosting and data storage services

13.2 Third-Party Terms

Your use of third-party services through our platform may be subject to additional terms and conditions of those third parties. We are not responsible for the availability, performance, or policies of third-party services.

13.3 No Control

We do not control the foundational AI models or third-party infrastructure used in our Services and make no representations or warranties regarding their accuracy, reliability, or performance.

14. Limitation of Liability

14.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CANTMISSCALLS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data breach
• Loss of goodwill or reputation
• Missed calls or failed communications
• Errors in AI-generated content or responses
• Service interruptions or downtime
• Third-party claims arising from your use of the Services

14.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CANTMISSCALLS LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify, defend, and hold harmless CantMissCalls LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Content you provide through our Services
• Your failure to obtain proper consent from your customers
• Claims by your customers arising from their interactions with our AI system
• Any regulatory fines or penalties resulting from your non-compliance

16. Termination

16.1 Termination by You

You may terminate your account at any time by following the cancellation procedures described in Section 5.4. The effective date and refund terms of your cancellation depend on your plan type as described in Sections 5.4 and 5.5.

16.2 Termination by Us

We may suspend or terminate your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Non-payment of fees
• Violation of the Acceptable Use Policy
• Fraudulent or illegal activity
• At our sole discretion for any reason

16.3 Effects of Termination

Upon termination:

• Your right to use the Services immediately ceases
• You remain liable for all fees accrued prior to termination
• For annual plans terminated by us due to your breach, no refund will be issued for the remaining term
• Provisions that by their nature should survive termination shall survive (including Sections 6, 7, 10, 11, 14, 15, and 17)

17. Dispute Resolution

17.1 Governing Law

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

17.2 Informal Resolution

Before filing any formal dispute, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

17.3 Arbitration

If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in Orange County, California, and judgment on the award may be entered in any court having jurisdiction.

17.4 Class Action Waiver

YOU AND CANTMISSCALLS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

17.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending you an email notification (for material changes)

Your continued use of the Services after any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and cancel your subscription.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CantMissCalls LLC regarding the Services and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

19.3 Waiver

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

19.4 Assignment

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

19.5 No Agency

Nothing in these Terms creates any agency, partnership, or joint venture relationship between you and CantMissCalls LLC.

19.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet or telecommunications failures, or other force majeure events.

19.7 Notices

All notices to CantMissCalls LLC must be sent to [email protected]. Notices to you will be sent to the email address associated with your account.

20. Contact Information