Attorney-review draft — not legally approved
This document has been drafted but has not been reviewed by a lawyer. It is published here so you can see our intent and so counsel can review it. It is not a final agreement, and EveryContact Technologies, Inc. does not represent it as legally approved or enforceable.
Terms of Service
The agreement between EveryContact Technologies, Inc. and a business using EveryContact.
Draft prepared for review · EveryContact Technologies, Inc.
1. What this agreement covers
These terms govern your use of EveryContact, a software service operated by EveryContact Technologies, Inc.. By purchasing a subscription you agree to them.
EveryContact is a tool. You remain responsible for the commitments your business makes to its customers, for the accuracy of the information you give us to answer on your behalf, and for complying with the laws that apply to your trade and your communications.
2. What the service does
EveryContact responds to inbound text messages and website chat on your behalf, qualifies inquiries, identifies urgent situations, notifies the contacts you designate, and can request or create appointments.
EveryContact does NOT answer live telephone calls. It detects missed calls and may send a text message where permitted. We make no representation that it answers calls.
EveryContact is not an emergency service. It is not a substitute for emergency responders, and it does not guarantee that any crew will attend any property at any time.
3. Your responsibilities
You will provide accurate business information, and you are responsible for the content of the knowledge base you approve.
You will designate and verify emergency notification contacts, and keep them current. If your contacts are unreachable, urgent requests may go unanswered.
You will obtain and maintain any consent required to communicate with your customers, and you will not instruct us to send communications you are not permitted to send.
You will complete carrier registration truthfully. Misrepresenting your business to a carrier may result in suspension.
You will not use the service to send unlawful, deceptive or harassing messages, and you will comply with the Acceptable Use Policy.
4. Subscriptions, usage and billing
Plans, prices and included allowances are as published at the time of purchase. Subscriptions renew automatically for the interval you selected until cancelled.
Your plan includes a number of qualifying conversations per billing month. A qualifying conversation is defined as: first inbound customer SMS; first inbound web-chat message; delivered missed-call recovery text. A conversation closes after 3 hours of inactivity, and a later contact from the same person is a new conversation.
Overage is never charged without your explicit prior approval. Where you have not approved overage and your allowance is exhausted, automated replies may pause for new conversations. Emergency safety guidance and opt-out handling continue regardless.
Upgrades take effect immediately and are prorated. Downgrades take effect at the end of the current billing period. We will tell you before a downgrade what would exceed the smaller plan, and we will not delete your data to make a downgrade fit.
Failed payments: we will notify you and retry. Persistent non-payment may result in suspension. Suspension does not delete your data within the retention period.
5. Availability and limitations
We aim for high availability but do not currently offer a contractual uptime commitment. We will not pretend otherwise in order to close a sale.
The service depends on third parties including messaging carriers, an AI model provider, a payment processor and a calendar provider. Outages or policy changes at those providers can affect the service.
Automated responses may be wrong or incomplete. You are responsible for reviewing conversations that matter to your business.
6. Emergency handling — specific limitations
EveryContact applies automated detection to identify urgent situations and notifies the contacts you configure. It cannot guarantee detection of every urgent situation, delivery of every notification, or any response time.
Where a situation may involve danger to life, the service directs the customer to contact emergency services. This does not make it an emergency service.
No representation is made that a crew will be dispatched. A crew is only committed when a person authorized by you accepts the request.
7. Data
You own your business data and your customers’ data. We process it to provide the service, as described in the Privacy Policy and Data Processing Summary.
You may export your data at any time while your subscription is active. Retention periods are configurable and described in the Retention and Deletion Policy.
8. Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, our aggregate liability arising out of or relating to this agreement is limited to the fees you paid in the twelve months preceding the claim.
We are not liable for indirect, incidental, special, consequential or punitive damages, nor for lost profits, lost business or property damage, however caused.
[ATTORNEY REVIEW REQUIRED: liability cap, carve-outs, and whether any carve-out is appropriate for emergency-handling failures.]
9. Termination
You may cancel at any time; service continues to the end of the paid period. We may suspend or terminate for breach of these terms, for non-payment, or where required by a provider or by law.
On termination we retain your data for the applicable retention period and then delete it.
10. Changes
We may update these terms. Material changes will be notified in advance by email to your account contact, and your continued use after the effective date constitutes acceptance.
Open questions for counsel
Published deliberately. These are the points we know we cannot resolve ourselves, listed so a reviewer can start with them rather than discover them.
- Governing law and venue.
- Whether the liability cap is enforceable and appropriate given the emergency-handling context, and whether a specific carve-out or higher cap is warranted there.
- Whether any disclaimer is sufficient to manage the risk of an urgent request going unanswered, or whether additional contractual or insurance measures are required.
- Indemnification: scope, and whether customer indemnification for their own messaging consent failures is appropriate and enforceable.
- Dispute resolution: arbitration clause, class-action waiver, and enforceability in target states.
- Whether an uptime SLA should be offered, and the credit mechanics if so.
- Auto-renewal disclosure requirements in states with specific statutes (notably California and New York).