Terms of Service.

These Terms of Service (the “Terms”) are an agreement between you and TextGopher™ (“TextGopher,” “we,” “us”) governing your use of the TextGopher™ service, including the websites at textgopher.com and app.textgopher.com, our text-messaging and lead-qualification features, and any related services (together, the “Service”). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business, and “you” means that business.

1. What the Service does

TextGopher™ provides an automated SMS lead-response service for home-service businesses. When a consumer calls your business and the call is not answered (or a consumer submits a web form), TextGopher™ sends a text message on your behalf, conducts an automated conversation to gather details about the requested job (such as the problem, urgency, address, and preferred time window), and delivers the resulting lead to you by text message and through your dashboard. Portions of the conversation are generated by artificial-intelligence software. The Service schedules and qualifies inquiries; it does not provide the underlying home services, and we make no promise that any lead will become a paying customer.

2. Your account

You must provide accurate information when you sign up, keep it current, and keep your login credentials confidential. You are responsible for all activity under your account. You must be at least 18 years old and using the Service for business purposes.

3. Activation, billing, and cancellation

• Activation. New accounts start with a one-time $9.99 activation: we set up your business-branded missed-call recovery and you may test up to 20 recovered conversations over 30 days from live activation, whichever comes first. Activation does not start a subscription. The activation payment is non-refundable once business configuration or live activation begins. Activation is limited to one offer per verified business; unused activation recoveries expire when the testing period ends.
• Subscriptions. Plans are billed monthly, in advance, through our payment processor (Stripe), starting when you select a plan (there is no free trial; the activation period is the trial). If you select the Solo plan before your activation period ends, your first month is $64 and regular pricing applies from the next billing cycle. Plan limits (phone numbers, users, and included recovered conversations per month) are described on our pricing page.
• Additional usage. Service does not pause when you pass your plan’s included conversations. By subscribing you authorize automatic additional-usage charges at the published rates — Solo: $15 for each additional 50 recovered conversations; Team: $25 for each additional 100 — added to your next invoice. Multi-Location & Groups volume is quoted individually and never charged automatically. We notify you when you pass your included amount.
• Annual plans and refunds. Solo and Team may be billed annually — 12 months prepaid at the published annual rate (two months free versus paying monthly). Annual plans renew automatically each year at the then-current annual rate unless canceled; we send a renewal reminder before each renewal, and you can turn off auto-renew at any time. You may cancel within 30 days of an annual charge for a full refund. After 30 days, annual payments are non-refundable — you keep full access for the remainder of your paid term, and your plan simply does not renew. Additional usage already billed, consumed overage, and the one-time activation charge are non-refundable. We may change annual prices with at least 30 days’ notice, effective at your next renewal. Nothing here limits any refund required by law.
• Cancellation. You may cancel at any time from your dashboard. Cancellation takes effect at the end of your current billing period, and you keep access until then. Except where required by law, payments are non-refundable, including for partial periods.
• Price changes. We may change prices with at least 30 days’ notice; changes apply from your next billing period.
• Failed payments. If a payment fails, we may retry it and notify you. If it remains unpaid, we may suspend or cancel the Service after notice.

4. Messaging compliance and acceptable use

Text messaging is regulated. The Service is built to send messages only in response to a consumer-initiated contact (a call or form submission to your business), to identify your business in the first message, to include opt-out instructions, and to honor opt-out requests immediately. You agree that you will:

• use the Service only to respond to consumers who contacted your business, and not upload, import, or otherwise cause messages to be sent to purchased lists or to people who have not contacted you;
• provide accurate business information (name, trade, service area) so messages correctly identify you, and complete any carrier registration steps we ask for (see our SMS Policy);
• not attempt to bypass, disable, or interfere with opt-out handling, quiet hours, or any other compliance feature of the Service;
• not use the Service for any unlawful, deceptive, or abusive purpose, or for content prohibited by carrier policies (including content related to sex, hate, alcohol, firearms, tobacco, or cannabis, and any form of phishing or fraud);
• comply with all laws applicable to your use of the Service, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing laws, and CTIA messaging guidelines.

We may suspend messaging, or the Service, immediately and without prior notice if we reasonably believe your use violates this section, creates carrier or legal risk, or threatens the integrity of the platform. You are responsible for the consequences of instructions you give us and information you provide. If a third party brings a claim against us arising out of your violation of this section, you agree to indemnify us for the resulting losses, costs, and reasonable attorneys’ fees.

5. Your customers’ data

In providing the Service we process information about the consumers who contact your business (phone numbers, message content, and details they share such as addresses) on your behalf and on your instructions, as described in our Privacy Policy. Between you and us, you own your business’s lead data. You are responsible for your own legal obligations to your customers, including any notices your business must give them.

6. Our property

We own the Service, including all software, designs, and trademarks (including the TextGopher™ name and gopher mascot). We grant you a limited, non-exclusive, non-transferable right to use the Service for your business while you have an active subscription. You may not resell the Service, reverse engineer it, or use it to build a competing product. If you send us feedback, we may use it without obligation to you.

7. Service availability and changes

We work to keep the Service available and fast, but it depends on third parties we do not control (including telephone carriers, Twilio, Stripe, and AI model providers), and we do not guarantee uninterrupted service or that every message will be delivered. We may modify features from time to time; if we materially reduce the core Service you paid for, you may cancel and receive a pro-rata refund of prepaid, unused fees for the affected period.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI-GENERATED RESPONSES MAY OCCASIONALLY BE INACCURATE OR INCOMPLETE; YOU ARE RESPONSIBLE FOR CONFIRMING JOB DETAILS WITH YOUR CUSTOMERS BEFORE PERFORMING WORK.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES (INCLUDING THE VALUE OF ANY LEAD OR JOB), EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 4, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.

10. Termination

You may stop using the Service and cancel at any time. We may suspend or terminate your account for material breach of these Terms (including non-payment or violation of Section 4) after notice where practicable. Upon termination we will make your lead data available for export for 30 days, after which we may delete it in the ordinary course as described in our Privacy Policy. Sections that by their nature should survive (including Sections 5, 6, 8, 9, and 11) survive termination.

11. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. The state and federal courts located in California have exclusive jurisdiction over any dispute arising out of these Terms or the Service, and each party consents to personal jurisdiction there. Each party waives any right to a jury trial to the extent permitted by law.

12. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify you (by email or in the dashboard) at least 14 days before it takes effect. Continued use of the Service after the effective date constitutes acceptance. The “Last updated” date above always reflects the current version.

13. Contact

Questions about these Terms: support@textgopher.com, or use our contact page.