Effective Date: March 18, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Don't Miss Calls ("Company," "we," "us," or "our"), a Wisconsin-based AI communication service.

By accessing the website, purchasing a subscription, or otherwise engaging with the Company, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you are not authorized to use the Company's services.

1. Definitions

"Services" means all AI voice, SMS, and automated communication services provided by the Company including but not limited to missed call text back, AI voice receptionist, appointment booking automation, and calendar integration.

"Client" means any individual or business entity that purchases or uses the Company's services.

"End Users" means your customers who interact with the AI system on your behalf.

"Platform" means the software, automation systems, third party integrations, and infrastructure used to deliver the Services.

2. Scope of Services

Don't Miss Calls provides AI-powered missed call and answering services for small businesses. Services include automated SMS responses to missed calls, live AI voice call answering, appointment booking, calendar integration, and booking notifications.

The Company does not provide legal advice, compliance consultation, TCPA legal guidance, marketing performance guarantees, or any guarantee of booking volume, revenue generation, or business outcomes.

No statement, testimonial, sample, or prior result shall be construed as a guarantee of future performance or financial outcome.

3. Subscription Plans and Billing

Don't Miss Calls offers monthly subscription plans billed automatically through Stripe.

Available plans are:

Text Reply Package — $99.99/month

Complete Call Shield — $299.99/month

Multi-Location Shield — $499.99/month base

By purchasing a subscription, Client authorizes Don't Miss Calls to charge the designated payment method automatically at the monthly interval until cancellation.

Subscription renewals occur automatically unless cancelled prior to the renewal date.

Client is responsible for maintaining accurate billing information. Failure of payment authorization does not relieve Client of payment obligations.

The Company reserves the right to modify subscription pricing, features, or plan structure with reasonable notice. Continued use after notice constitutes acceptance of revised pricing.

4. Refund Policy

All subscription fees are non-refundable. No exceptions.

Don't Miss Calls provides a technology service that is configured, deployed, and made operational immediately upon purchase. Once your AI bot is configured and your service is live, the work has been performed and no refund will be issued.

Specifically:

No refund will be issued after your account has been created and setup has commenced

No refund will be issued for partial months of service

No refund will be issued if you do not use the service during a billing period

No refund will be issued due to dissatisfaction with call volume, booking rates, or business outcomes

No refund will be issued if you cancel mid-billing cycle — service continues until end of current billing period

Chargebacks and Disputes:

Unauthorized chargebacks constitute material breach of these Terms.

If Client initiates a chargeback or payment dispute after service has been configured and activated, Client agrees to:

Reimburse all chargeback fees assessed by the payment processor

Reimburse all arbitration costs and administrative expenses

Pay reasonable attorneys' fees incurred in defending or recovering disputed funds

Pay a $150 administrative fee per disputed transaction

Don't Miss Calls reserves the right to immediately suspend or terminate service upon initiation of an unauthorized chargeback.

The only circumstances under which a refund may be considered:

The service was never configured or activated due to a fault on our end

A duplicate charge occurred due to a system error

Even in these circumstances, refunds are at the sole discretion of the Company. No refund is guaranteed.

By completing checkout and purchasing a subscription, Client expressly acknowledges and agrees to this refund policy and waives any claim to refund except as expressly provided herein.

5. Cancellation Policy

Client may cancel their subscription at any time by contacting hello@dont-miss-calls.com or through the client portal.

Cancellation takes effect at the end of the current billing cycle. No partial refunds are provided for unused days remaining in the billing period.

Upon cancellation:

AI bot will remain active until end of current billing period

Phone number forwarding will be deactivated at end of billing period

Client data will be retained for 90 days then deleted unless otherwise requested

6. Client Responsibilities and TCPA Compliance

Client acknowledges and agrees that:

Client is solely responsible for compliance with all applicable federal and state laws governing automated calls and SMS messages including but not limited to the Telephone Consumer Protection Act (TCPA)

Client is responsible for ensuring their customers are aware that calls may be answered by an automated AI system

Client is responsible for obtaining any required consents from their customers prior to automated SMS communications

Don't Miss Calls provides the technology platform only and is not responsible for Client's legal compliance

Client will not use the service for spam, harassment, illegal solicitation, or any unlawful purpose

Violations of applicable law using the Company's platform may result in immediate service termination without refund.

7. Call Recording and SMS Logging

By using Don't Miss Calls, Client acknowledges that:

Incoming calls handled by the AI may be recorded or transcribed

SMS conversations are logged and stored for service delivery purposes

Client is responsible for notifying their customers of call recording where required by applicable state law

Call logs and transcripts may be reviewed by the Company for quality assurance and system improvement purposes

8. Service Availability and Uptime

Don't Miss Calls delivers services through third party infrastructure including Retell.ai, Twilio, and GoHighLevel. While we strive for maximum uptime, the Company does not guarantee uninterrupted service availability.

Service interruptions caused by third party platform outages, Twilio downtime, telecommunications failures, or force majeure events do not entitle Client to refunds or credits.

The Company will make commercially reasonable efforts to restore service promptly in the event of an outage.

9. Usage Limits and Overage

Each subscription plan includes a defined number of voice minutes and text conversations per month as specified at time of purchase.

When Client approaches 80% of their included usage, an automatic notification will be sent.

When Client reaches 100% of included usage:

Service may pause until the next billing cycle

Or Client may be contacted to upgrade their plan

Overage rates may apply as communicated at time of service

The Company is not liable for missed calls or bookings resulting from Client reaching their usage limit.

10. Intellectual Property

All proprietary systems, workflows, automation processes, templates, branding, website design, and business methodologies remain the exclusive intellectual property of Don't Miss Calls.

Client retains ownership of their business data including customer information and booking records.

Client shall not reverse engineer, replicate, resell, or commercially exploit the Company's systems, workflows, or platform for competitive purposes.

11. Disclaimer of Warranties

Services are provided "as is" and "as available."

To the fullest extent permitted by law, the Company disclaims all warranties express or implied including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

No guarantee is made regarding booking volume, call answer rates, revenue generation, customer satisfaction, or business outcomes.

12. Limitation of Liability

To the fullest extent permitted under Wisconsin law and applicable federal law, Don't Miss Calls shall not be liable for any indirect, incidental, consequential, punitive, or special damages.

This includes loss of profits, business opportunity, revenue, goodwill, data, or reputational harm.

Total aggregate liability for any claim arising out of or relating to Services shall not exceed the amount actually paid by Client in the three months preceding the claim.

13. Indemnification

Client agrees to defend, indemnify, and hold harmless Don't Miss Calls, its members, officers, contractors, and agents from and against any claims, damages, losses, liabilities, or expenses including reasonable attorneys' fees arising from:

Client's use of the service

Client's violation of applicable law including TCPA

Client's failure to obtain required customer consents

Any third party claim related to Client's use of Services

Unauthorized chargebacks or payment disputes

This indemnification obligation survives termination of Services.

14. Dispute Resolution and Binding Arbitration

Any dispute arising out of or relating to these Terms or Services shall be resolved exclusively through binding arbitration conducted in the State of Wisconsin.

Client expressly waives:

The right to trial by jury

The right to participate in class or collective actions

The right to consolidate claims with other parties

Arbitration shall be conducted on an individual basis only.

15. Attorneys' Fees

In any arbitration, litigation, or enforcement proceeding arising from these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees, arbitration costs, and related expenses.

16. Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control including cyber incidents, third party platform outages, governmental action, natural disasters, telecommunications failures, or internet disruptions.

17. Termination

The Company reserves the right to suspend or terminate service immediately and without refund if Client:

Violates any provision of these Terms

Uses the service for unlawful purposes

Initiates an unauthorized chargeback

Fails to maintain valid payment information after reasonable notice

18. Governing Law

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

19. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior communications, representations, or understandings whether oral or written.

No modification of these Terms shall be effective unless in writing and signed by an authorized representative of Don't Miss Calls.

20. Electronic Acceptance

By completing checkout and purchasing a subscription, Client acknowledges that they have read, understood, and agreed to all provisions of these Terms including the refund policy, TCPA compliance obligations, and arbitration clause.

21. Contact Information

Don't Miss Calls

Wisconsin, United States

Email: braden@dont-miss-calls.com