Terms of Service

1. The Service

NeverMissCall provides an AI-powered SMS response and appointment booking system for service professionals. When a call to your business goes unanswered, our system contacts the caller via SMS, gathers job details, and books the appointment directly into your connected calendar (Jobber, Google Calendar, or Microsoft Outlook).

AI Accuracy: Users acknowledge the Service uses Artificial Intelligence to generate responses and book appointments. While accuracy is prioritized, to the maximum extent permitted by applicable law, NeverMissCall is not responsible for errors, omissions, or misinterpreted communications generated by the AI, including booking errors or quotes given by the AI.

SMS Carrier Compliance: Users must comply with mobile carrier regulations and represent they obtained necessary consent from leads to contact them via SMS. Prohibited content includes spam and high-risk financial marketing.

Intended Use. The Service is intended for general service professionals (e.g., home services such as plumbing, HVAC, electrical, handyman, and similar trades). It is not intended for use in medical, legal, financial, emergency, or other high-stakes-accuracy services where mistakes could cause significant harm. Subscribers are solely responsible for the content and knowledge base they provide to the AI, and for ensuring that their use of the AI is appropriate for their industry and customer base.

2. Subscriptions and Billing

You agree to a recurring monthly subscription. By signing up for NeverMissCall, you expressly consent to:

• An automatically-renewing monthly subscription at the published price of your selected tier: Solo $99/month, Growth $279/month, or Power $549/month, plus any applicable sales tax.
• Your payment method being collected and securely stored at signup, and charged automatically at the end of your 30-day free trial (see Section 3 for trial timing).
• Continued monthly charges on the same date each month thereafter, until you cancel your subscription.
• Payments processed securely through Stripe.
• Valid payment method required on file.

You can cancel at any time — online, without calling customer service — by going to the “My Account” page and clicking “Cancel Subscription.” Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a paid month.

We will provide advance notice before your first charge and before any material changes to pricing or terms.

3. Free Trial and Billing Timing

Your subscription includes a 30-day free trial that begins at signup.

During your trial

• Carrier registration (required for all business SMS) typically completes within your trial period. Setting up your dedicated business phone number happens during the trial at no charge.
• Your trial ends 30 days after signup. We will send you a reminder email before your first charge with the exact amount and a link to manage or cancel your subscription (see below).

What happens at the end of your trial

• On day 30 after signup, your stored payment method is automatically charged the full monthly price of your selected tier: Solo $99, Growth $279, or Power $549, plus any applicable sales tax.
• You will receive a reminder email approximately one week before this charge with the exact amount and a link to manage or cancel your subscription.
• You will receive a receipt email confirming the charge when it occurs.
• If your payment fails, our payment processor (Stripe) will retry your card several times over the following days. If all attempts fail, your subscription will be automatically cancelled and you will receive a notification email.
• Your service continues uninterrupted as long as your subscription is paid.

Trial rules

• You may cancel at any time — including while your number's carrier verification is in progress and during the trial — by going to the “My Account” page. Cancellation before the trial ends incurs no charge (see Section 6 for details on cancellation before service activation).
• One trial per business entity. The trial is available once per business (identified by the business's legal name, address, and EIN where provided). Additional accounts tied to the same business entity will not receive a separate trial and will be billed from signup.
• California residents: In compliance with the California Automatic Renewal Law (BPC § 17601 et seq.), we will send you a reminder email approximately one week before your trial ends with clear cancellation instructions.

4. SMS Messaging & Consent

NeverMissCall sends two distinct types of text messages. The terms below apply to both.

A. Messages to your customers (“Leads”). When a person calls a business that uses NeverMissCall and the call is not answered, our platform sends an automated SMS to that caller, on the business's behalf, to help with the request they initiated — gathering job details and scheduling an appointment. These messages are sent for customer-care purposes only and are never used for marketing or promotional content. The caller's consent is established by their inbound call to the business; the first message identifies the business and discloses that responses are automated, and includes opt-out and help instructions. As the Subscriber, you are responsible for ensuring your use of this feature complies with applicable law and carrier requirements.

B. Messages to you (the Subscriber). You agree to receive automated SMS from NeverMissCall regarding your account and service, such as booking confirmations and service notifications.

Applicable to all messages:

• Opt-out: Reply “STOP” at any time to stop messages and receive an unsubscribe confirmation.
• Help: Reply “HELP” or contact support@nevermisscall.com.
• Message frequency varies based on call and conversation activity.
• Standard message and data rates from your mobile carrier may apply to any messages sent or received.
• Carrier Disclaimer: Mobile carriers (including but not limited to T-Mobile, AT&T, and Verizon) are not liable for delayed or undelivered messages.

5. Plan Changes

• During the free trial: You may downgrade your plan (e.g., Power → Growth → Solo) at any time before your trial ends. Plan upgrades during the trial are not permitted; to move to a higher tier, you must cancel your current subscription and re-subscribe at the higher tier (trial eligibility rules in Section 3 apply).
• After the trial: Upgrades are effective immediately with prorated charges for the remainder of the cycle.
• Downgrades: Effective at next billing cycle; features retained through current paid month; no partial refunds.

6. Cancellation and Refunds

• Cancel anytime via the “My Account” page.
• Cancellation before service activation: If you cancel before your number's carrier verification is submitted or your phone number is provisioned, we will void any in-progress verification and release any assigned phone number. No charges will occur. Your trial eligibility is preserved if you return later.
• Cancellation after service activation: Access continues through the current billing period. We do not offer refunds or credits for partially used billing periods or unused SMS/call credits.

7. Termination by NeverMissCall

NeverMissCall reserves the right to suspend or terminate your account, with or without prior notice, for any of the following reasons:

• Breach of these Terms or violation of any applicable law or carrier regulation.
• Non-payment of your subscription after failed retry attempts as described in Section 3.
• Reasonable suspicion of fraudulent, abusive, or illegal activity.
• Use of the Service in a manner that places mobile carriers, our sub-processors, or other subscribers at risk.
• Extended inactivity, or at our sole discretion where continued service is commercially impracticable.

Upon termination by us, we will make reasonable efforts to notify you by email. We will provide a pro-rated refund for any unused portion of a paid month, except where termination is due to your breach of these Terms or violation of Section 8 (Prohibited Activities).

8. Prohibited Activities

You agree not to use the Service to:

• Send SMS content related to high-risk industries, including gambling, debt collection, cannabis, pharmaceuticals, or prescription medications.
• Transmit content in the “S.H.A.F.T.” categories: sexually explicit material, hate speech, alcohol, firearms, or tobacco/vaping.
• Send unsolicited messages (“spam”) to Leads who have not provided affirmative consent to receive SMS from your business.
• Transmit protected health information (“PHI”) or other information subject to the Health Insurance Portability and Accountability Act (HIPAA). We do not currently offer a Business Associate Agreement; the Service is not HIPAA-compliant and must not be used for regulated health data.
• Use the AI to provide medical, legal, financial, or other licensed professional advice.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying AI model weights of the Service.
• Scrape, harvest, or collect data from the Service by automated means other than the APIs we provide.
• Use the Service to harass, defame, deceive, or impersonate any person.
• Attempt to circumvent any security, rate-limit, or usage control imposed by the Service.

Violation of this Section is grounds for immediate termination under Section 7 without refund.

9. AI Training and Data Usage

Users agree NeverMissCall may use SMS conversation data to train AI models. Data will be obfuscated (removing addresses, dates, and times) and anonymized per our Privacy Policy. Calendar data obtained through Jobber, Google Calendar, or Microsoft Outlook integrations is never used for AI training or any purpose other than scheduling your appointments.

10. Intellectual Property

The Service and its original content, features, functionality, software, and AI models (excluding user-provided data such as Lead conversations, business profile information, and calendar entries) are and will remain the exclusive property of NeverMissCall, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks, logos, and trade dress may not be used in connection with any product or service without our prior written consent.

You retain ownership of all data you provide to the Service (your business information, Lead conversations, and calendar data). By using the Service, you grant NeverMissCall a limited, non-exclusive, worldwide, royalty-free license to use that data solely to provide, maintain, and improve the Service, subject to the AI training carve-outs described in Section 9.

11. Limitation of Liability

Under California law, liability excludes indirect and consequential damages. Total liability is capped at amounts paid in the preceding 12 months.

12. Dispute Resolution and Arbitration

Informal resolution first. If you have a dispute with NeverMissCall, you agree to first contact us at support@nevermisscall.com and attempt in good faith to resolve the dispute informally for at least 30 days before initiating any formal proceeding.

Binding arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small-claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules. The arbitration will take place in Los Angeles County, California, or remotely as the arbitrator determines appropriate. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. YOU AND NEVERMISSCALL 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 PROCEEDING. Unless both you and NeverMissCall agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to support@nevermisscall.com within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.

Severability. If any portion of this Section is found unenforceable, the remainder of this Section shall remain in effect, except that if the class action waiver is found unenforceable, then this entire arbitration provision shall be null and void.

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 12 (Dispute Resolution and Arbitration), any legal actions not subject to arbitration shall be brought in the state or federal courts located in California.

14. Service Modifications, Interruptions, and Indemnification

NeverMissCall reserves the right, at its sole discretion, to modify, suspend, limit, or discontinue any aspect of the Service, including features, functionality, pricing, or availability, at any time. Where practicable, reasonable notice will be provided for material changes.

Users acknowledge that the Service may be subject to interruptions, delays, errors, or changes due to factors including, but not limited to, third-party providers (including mobile carriers, APIs, and hosting services), regulatory changes, or system maintenance.

To the maximum extent permitted by applicable law, NeverMissCall shall not be liable for any loss, damages, missed opportunities, or business interruptions arising out of or related to such modifications, suspensions, interruptions, or discontinuation of the Service, subject to the limitations set forth in Section 11 (Limitation of Liability).

You agree to indemnify, defend, and hold harmless NeverMissCall, its owners, affiliates, officers, employees, and partners from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms or applicable laws or regulations
• Your failure to obtain proper consent for SMS communications
• Any content, communications, or data transmitted through your use of the Service
• Your violation of Section 8 (Prohibited Activities)

This Section shall survive termination or cancellation of your account and use of the Service.

15. Contact Us

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

Email: support@nevermisscall.com
Phone: 1-818-274-9980
Principal Place of Business:
NeverMissCall, LLC
1309 Coffeen Avenue STE 1200
Sheridan, Wyoming 82801
United States