Terms of Service
Last updated: May 2026
1. Acceptance of Terms
By accessing or using Never Miss a Lead ("the Service," "we," "us"), you ("Client," "you") agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service. Use of the Service constitutes your acceptance of any changes to these Terms, which we may update from time to time.
2. Description of Service
Never Miss a Lead provides automated SMS text messaging on behalf of small trade and service businesses, including but not limited to HVAC, plumbing, roofing, and general contracting companies. Our core features include:
- Missed call text-back: automatic SMS replies sent to callers when you cannot answer
- Google review automation: automated review request messages sent to your customers
- Reactivation blasts (Pro plan): bulk SMS campaigns sent to your existing customer list
All messages are sent from a dedicated phone number provisioned through our telecommunications provider and associated with your business. You retain the ability to respond to customer replies through your own phone.
3. Client Responsibilities, Messaging Compliance & A2P 10DLC
Never Miss a Lead is designed to help businesses follow up with people they already have a relationship with. By using the Service, you agree to the following:
- You will only use the Service to contact people who have previously contacted your business, hired you, or have an existing business relationship with you.
- You will not use the Service to message strangers, purchased lists, scraped contacts, or anyone who has no prior relationship with your business.
- You will promptly honor all opt-out requests. The Service automatically handles STOP replies; however, you are also responsible for honoring opt-outs received through other channels.
- You will provide accurate business information and keep your account details current.
- You are solely responsible for the content of any custom messages you configure or send through the Service.
- A2P 10DLC Compliance: SMS messaging in the United States is regulated under the Application-to-Person (A2P) 10DLC framework administered by mobile carriers. By using the Service, you acknowledge that messages sent through your dedicated number are subject to carrier registration and campaign approval requirements. You agree to cooperate with any registration processes required to maintain compliant messaging throughput, and you understand that carrier-level filtering or delays may occur for non-compliant use cases.
4. Billing, Cancellation, and Refund Policy
The Service is offered on a month-to-month subscription basis. By subscribing, you authorize us to charge your payment method on a recurring monthly basis.
- No contracts: You may cancel your subscription at any time.
- No refunds mid-cycle: All subscription fees are billed in advance. If you cancel, your access will continue through the end of the current billing period. We do not issue refunds or credits for unused time remaining in a billing cycle.
- Data deletion post-cancellation: Upon cancellation, your account data (including customer contact lists and message logs) will be retained for up to 90 days, after which it will be deleted. You may request earlier deletion by contacting us.
- We reserve the right to change pricing with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
5. Prohibited Uses
You agree not to use the Service, directly or indirectly, to:
- Send messages to purchased lists, cold contacts, or anyone with no prior business relationship with you
- Harass, threaten, defame, or intimidate any individual
- Transmit illegal content or facilitate any illegal activity
- Violate any applicable local, state, federal, or international law or regulation, including the TCPA, CAN-SPAM Act, or any applicable state telemarketing laws
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
- Resell, sublicense, or otherwise transfer access to the Service to third parties without our written consent
We reserve the right to suspend or terminate your account immediately and without refund if we determine, in our sole discretion, that you have violated these prohibitions or these Terms of Service for any reason, including non-payment, abuse, or carrier compliance violations.
6. Intellectual Property
All software, systems, branding, and content comprising the Service — including but not limited to the Never Miss a Lead platform, automation logic, and website — are and remain the exclusive property of Never Miss a Lead and its owner. Nothing in these Terms grants you any ownership rights in the Service or its underlying technology. Your data and your customers' data remain yours; you grant us a limited license to use that data solely to deliver the Service.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Never Miss a Lead, its owner, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, lost revenue, loss of business, or loss of data, arising out of or related to your use of or inability to use the Service.
Our total cumulative liability to you for any and all claims arising from or related to the Service shall not exceed the total amount you paid to us in the three (3) months immediately preceding the event giving rise to the claim.
You acknowledge that the automated nature of the Service means occasional errors, delays, or message delivery failures may occur, and we are not liable for any damages resulting from such failures.
8. Indemnification
You agree to indemnify, defend, and hold harmless Never Miss a Lead and its owner, agents, and representatives from and against any claims, liabilities, damages, penalties, fines, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law, including the TCPA.
9. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or that any particular result will be achieved.
10. Dispute Resolution & Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be settled by binding arbitration administered under the rules of the American Arbitration Association (AAA) in Massachusetts. Judgment on the arbitration award may be entered in any court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration. Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction.
11. Force Majeure
Never Miss a Lead shall not be liable for any failure or delay in performance arising from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, telecommunications outages, carrier network failures, government actions, or third-party service interruptions.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
13. Changes to Terms
We may update these Terms at any time. We will notify you of material changes by email or by posting a notice on our website. Your continued use of the Service following any changes constitutes your acceptance of the revised Terms.
14. Contact
If you have any questions about these Terms of Service, please contact us at: