Terms of Service

Effective Date: [EFFECTIVE_DATE] Last Updated: [EFFECTIVE_DATE]

These Terms of Service ("Terms") are a binding agreement between Loopcall LLC ("Loopcall," "we," "us," or "our") and the business that subscribes to our Service (the "Customer," "you," or "your"). By using our Service, you agree to these Terms.

If you do not agree to these Terms, do not use the Service.

These Terms reference our Privacy Policy at loopcall.io/privacy, which is incorporated by reference.

1. What we provide (the "Service")

Loopcall provides a lead-recovery and customer-communication automation service for home-services businesses, including but not limited to:

• Missed-call SMS text-back and AI-assisted lead qualification.
• Estimate follow-up, review request, and reactivation messaging on your behalf.
• Optional integrations with field-service management ("FSM") platforms (e.g., Jobber, Housecall Pro, Workiz), Google Business Profile, and accounting platforms (e.g., QuickBooks Online).
• Compliance scaffolding (A2P 10DLC carrier registration, consent capture, STOP/HELP handling, audit logging).

The Service is delivered as a productized service (in V0), evolving to a software-as-a-service product. The specific features included in your subscription are described in your Order Form or signup confirmation.

2. Eligibility and your account

To use the Service, you must:

• Be an authorized representative of a legitimate, registered business operating in the United States.
• Be at least 18 years old.
• Provide accurate registration information and keep it current.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access.

We may suspend or terminate any account that violates these Terms, applicable law, or our Acceptable Use Policy (Section 7).

3. Subscription, billing, and refunds

3.1 Subscription terms

• The Service is sold as a monthly subscription with a minimum initial commitment of three (3) months for V0 productized-service customers, unless your Order Form specifies otherwise. After the initial term, the subscription renews month-to-month until cancelled in writing with at least fifteen (15) days' notice before the next billing date.
• The Service has a one-time setup fee stated in your Order Form, due before any setup work begins. Setup fees are non-refundable once setup work has commenced.

3.2 Pricing

• Subscription fees are stated in your Order Form. Standard tiers and inclusions are published at loopcall.io/pricing.
• Overage fees may apply if your usage exceeds the SMS allotment or other limits stated in your Order Form. Overages are billed in arrears.
• We may change pricing for new subscription terms by giving at least thirty (30) days' notice before your next renewal.

3.3 Payment

• Subscription fees are billed in advance, monthly. Overages and one-time fees are billed in arrears.
• We use Stripe to process payments. By providing payment information, you authorize us to charge the payment method for all fees due.
• Late payments accrue interest at the lesser of 1.5% per month or the maximum permitted by law. We may suspend the Service for any account more than ten (10) days past due, after written notice.

3.4 Refunds

• We do not offer refunds for partial months of service.
• If we terminate the Service for our convenience (not for your breach), we will refund any unused prepaid fees on a prorated basis.

3.5 Taxes

Fees do not include taxes. You are responsible for sales, use, and similar taxes applicable to your purchase.

4. Your data; our license to use it

4.1 Customer Data

"Customer Data" means all data and content you submit to the Service or that the Service collects on your behalf, including customer phone numbers, message content, call metadata, FSM data, and consent records.

You own Customer Data. As between you and us, all rights, title, and interest in Customer Data remain yours.

4.2 License to operate the Service

You grant us a worldwide, non-exclusive, royalty-free license to access, copy, store, transmit, modify, and display Customer Data solely to:

• Provide and improve the Service.
• Comply with legal obligations (including audit-trail retention).
• Enforce these Terms.

4.3 De-identified analytics

We may use aggregated, de-identified data (e.g., overall SMS deliverability rates, average qualification length, common opt-out keywords) to improve the Service and produce industry benchmarks. We will not include any data that identifies you or your customers in this aggregated analysis.

4.4 Data export and deletion

You may export your Customer Data at any time during your subscription. Upon termination, we retain compliance-critical records per the retention periods stated in our Privacy Policy and delete other Customer Data within ninety (90) days, subject to legal hold requirements.

5. AI features

The Service uses third-party AI models (currently Anthropic's Claude family) to generate or assist with SMS replies.

You acknowledge:

• AI-generated output is probabilistic, not deterministic. It may occasionally produce errors, omissions, or inappropriate phrasing. You are responsible for reviewing important communications and for the actions you take based on AI output.
• The Service discloses AI involvement to end recipients ("Quick AI assistant here on behalf of [BUSINESS]") in keeping with Anthropic's and our own AI-disclosure obligations.
• You may not configure the Service to impersonate a human, generate false reviews, fabricate testimonials, or otherwise produce deceptive content.
• Inputs you provide and outputs the AI generates are processed under Anthropic's commercial API terms, which do not use commercial inputs and outputs to train AI models by default.

6. Compliance obligations (TCPA, A2P, FCC, state laws)

Lead recovery and SMS messaging are heavily regulated. Both parties share compliance duties.

6.1 Your obligations

You represent, warrant, and covenant that:

• You have prior express consent (and, for marketing-classified messages, prior express written consent) from every recipient before we send messages on your behalf, in compliance with the Telephone Consumer Protection Act, FCC rules, CAN-SPAM (for email), and applicable state laws.
• You will document and retain consent records and provide them to us on reasonable request.
• You will not configure or request the Service to send messages to numbers on the National Do-Not-Call Registry, on any internal opt-out list, or to numbers without valid consent.
• You will respect every STOP, UNSUBSCRIBE, or equivalent opt-out request immediately and not attempt to re-engage opted-out numbers.
• You will provide accurate brand and campaign information to us for A2P 10DLC carrier registration, and will not misrepresent your business identity.
• You will not send content that violates carrier rules (the "SHAFT-C" categories: Sex, Hate, Alcohol, Firearms, Tobacco, Cannabis; financial scams; illegal goods; deceptive content).
• You will use the Service only for legitimate business purposes related to your home-services operation.

6.2 Our obligations

We will:

• Submit and maintain A2P 10DLC brand and campaign registrations on your behalf with your accurate information.
• Provide STOP/HELP handlers and propagate opt-outs across the Service within seconds.
• Maintain audit logs of sends, receipts, and opt-outs for at least four (4) years.
• Disclose AI involvement in conversations.
• Honor data subject requests as described in our Privacy Policy.

6.3 Right to suspend for compliance reasons

We may immediately suspend the Service or specific messaging activity if we reasonably believe continued operation would violate TCPA, FCC rules, A2P guidelines, carrier policies, or other applicable law. We will give you notice and an opportunity to cure where reasonably possible.

7. Acceptable use

You will not (and will not permit any third party to):

• Send messages without valid consent.
• Use the Service to harass, threaten, defame, or defraud any person.
• Send SHAFT-C content or any other content prohibited by carrier policies.
• Send political or fundraising messages without separate written approval from us and a compliant campaign registration.
• Reverse-engineer, decompile, or attempt to extract source code from the Service.
• Resell, sublicense, or white-label the Service without our written permission (V0/V1 customers must obtain V2 Agency tier permission for white-label use).
• Use the Service to compete directly with us (e.g., to build a competing lead-recovery product).
• Interfere with or disrupt the Service or attempt unauthorized access.
• Use the Service in a way that violates any applicable U.S. or state law.

Violations may result in suspension or termination without refund.

8. Third-party services and integrations

The Service relies on third-party providers, including:

• Twilio (SMS/voice infrastructure)
• Anthropic (AI model)
• Supabase (database / hosting)
• Stripe (payment processing)
• Sentry / Better Stack / PostHog (monitoring and analytics)
• FSM/CRM integrations at your election (Jobber, Housecall Pro, Workiz, Google Business Profile, QuickBooks Online, etc.)

Your use of these providers is also subject to their terms. We are not responsible for outages, data losses, or policy changes caused by third-party providers, but we will use commercially reasonable efforts to mitigate impact and notify you of material disruptions.

When you connect an integration, you authorize us to access and exchange data with that integration on your behalf.

9. Intellectual property

9.1 Our IP

We own the Service, including all software, designs, workflows, prompt libraries, configurations, dashboards, documentation, and trademarks (collectively, the "Loopcall IP"). Nothing in these Terms transfers ownership of the Loopcall IP to you.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription, solely for your internal business purposes.

9.2 Feedback

If you provide feedback, suggestions, or feature requests, you grant us a worldwide, perpetual, royalty-free license to use them without restriction.

9.3 Trademarks

You may not use our name, logo, or trademarks without our written permission, except to factually identify Loopcall as your service provider.

10. Term and termination

10.1 Term

The agreement starts on the effective date of your Order Form and continues until terminated as provided here.

10.2 Termination by you

• After the initial three-month commitment, you may terminate any time with at least fifteen (15) days' written notice before your next billing date by emailing support@loopcall.io.
• You remain liable for any fees accrued through the effective date of termination.

10.3 Termination by us

We may terminate immediately upon written notice if you:

• Materially breach these Terms and fail to cure within ten (10) days of notice (or immediately if cure is not feasible).
• File for bankruptcy or become insolvent.
• Cause us to violate applicable law or carrier policy.
• Engage in fraud, abuse, or activity that creates material legal or reputational risk for us.

We may also terminate for our convenience with thirty (30) days' written notice; in that case we will refund unused prepaid fees on a prorated basis.

10.4 Effect of termination

Upon termination:

• The Service stops; we cease sending messages on your behalf.
• We retain compliance-critical records per the Privacy Policy.
• You may request export of Customer Data within thirty (30) days of termination.
• Sections that by their nature should survive termination (including 4, 6, 9, 11, 12, 13, 14, and 16) will survive.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OPERATION.

WE DO NOT WARRANT:

• That every SMS message will be delivered (carriers may delay or block messages outside our control).
• That AI-generated responses will be free of errors, omissions, or unexpected phrasing.
• That integrations with third-party platforms will remain available indefinitely.
• That the Service will recover any specific number of leads, jobs, or revenue.

Statements about the Service's results (e.g., "recover lost jobs," "increase booked-job rate") are illustrative and not guarantees.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• Cap. Our aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim or (b) one thousand U.S. dollars ($1,000).
• Exclusion of consequential damages. Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

These limits apply regardless of the legal theory (contract, tort, statute, or otherwise) and are a fundamental basis of our bargain.

13. Indemnification

13.1 By you (Customer)

You will defend, indemnify, and hold us (and our officers, employees, contractors, and affiliates) harmless from any third-party claim, damage, fine, penalty, settlement, or cost (including reasonable attorneys' fees) arising out of or related to:

• Your breach of Section 6 (Compliance) or Section 7 (Acceptable Use).
• Messages sent on your behalf to recipients for whom you did not have valid consent.
• TCPA, A2P, FCC, or state-law claims arising from your messaging activity, including class actions and statutory-damages claims.
• Your Customer Data or your use of the Service in violation of law or these Terms.

13.2 By us

We will defend, indemnify, and hold you harmless from any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes a U.S. patent, copyright, or trademark, subject to the cap in Section 12. This does not apply if the claim arises from your modification of the Service, your combination of the Service with non-approved third parties, or your use in violation of these Terms.

13.3 Process

The indemnified party must (a) give prompt written notice of the claim, (b) give the indemnifying party sole control of the defense and settlement (with no admission of liability without consent), and (c) reasonably cooperate.

14. Governing law and dispute resolution

14.1 Governing law

These Terms are governed by the laws of the State of Alabama, without regard to conflicts of laws.

14.2 Arbitration; class action waiver

Any dispute arising out of or related to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Alabama unless both parties agree otherwise. Each party waives the right to participate in a class action or class arbitration. Either party may seek injunctive relief in court for misuse of intellectual property or confidential information.

14.3 Small claims

You may bring an individual claim in small-claims court if it qualifies.

14.4 Time limit

Any claim must be brought within one (1) year after it arises, except where applicable law prohibits a shorter limitation.

15. Notices

• Notices to us: email support@loopcall.io with a copy to [LROS_MAILING_ADDRESS].
• Notices to you: email to the address on file in your account.

Notices are effective when sent.

16. General

• Entire agreement: These Terms, the Privacy Policy, and any Order Form constitute the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous understandings.
• Modifications: We may modify these Terms by posting an updated version on the Site and giving you reasonable notice. Material changes are effective thirty (30) days after notice for existing subscriptions. Continued use after the effective date constitutes acceptance.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• No waiver: Failure to enforce any right is not a waiver.
• Assignment: You may not assign these Terms without our written consent. We may assign without restriction (e.g., in a merger or sale of assets).
• Force majeure: Neither party is liable for failures caused by events outside reasonable control (e.g., natural disasters, carrier outages, government action).
• Independent contractors: The parties are independent contractors; nothing creates a partnership, joint venture, or employment relationship.
• No third-party beneficiaries.
• Headings are for convenience only.

17. Contact

Loopcall LLC [LROS_MAILING_ADDRESS] Email: support@loopcall.io Web: loopcall.io

Placeholders to replace before launch

• Loopcall LLC — legal entity name (e.g., "Lead Recovery OS LLC")
• Loopcall — public brand name
• loopcall.io — public domain (e.g., "leadrecovery.io")
• support@loopcall.io — support inbox
• [LROS_MAILING_ADDRESS] — registered business mailing address
• Alabama — governing-law state (planned: Alabama, per ADR-010)
• [EFFECTIVE_DATE] — publication date

Pre-launch review note: This document is drafted as a strong-starting-point template. Before publishing, have a U.S. business attorney review at minimum: (1) indemnification (Section 13), (2) arbitration / class-action waiver (Section 14.2), and (3) limitation-of-liability cap (Section 12). Budget $500–$2,500 for one attorney pass. Worth it before the first paying customer signs.