Terms of Service

1. Service Description

FirstContact is an AI-powered lead response and qualification platform designed for businesses. The service includes:

• Automated SMS outreach to new leads within seconds of form submission.
• AI-driven qualification conversations that gather inquiry details and determine lead fitness.
• Team notifications via SMS and email when a lead is qualified.
• Calendar booking integration (e.g., Calendly) to allow qualified leads to schedule consultations.
• A lead management dashboard with conversation transcripts and qualification summaries.

FirstContact is a software tool. We do not provide professional advice and do not create a service relationship between FirstContact and any lead or end user. Any service relationship is formed solely between the Business and its customers.

2. User Responsibilities

By using FirstContact, you ("Business" or "User") agree to the following:

• Accurate information — you will provide accurate information when creating your account and configuring your intake forms, including your business name, phone number, and Calendly link.
• Lawful use — you will use FirstContact only for lawful purposes and in compliance with all applicable laws, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.
• Consent obligations — you are responsible for ensuring that leads who receive SMS messages through FirstContact have provided appropriate consent as required by applicable law. FirstContact provides standard consent language for intake forms, but compliance is ultimately your responsibility.
• No prohibited uses — you will not use FirstContact to send spam, engage in deceptive practices, harass individuals, or violate the rights of any person.
• Account security — you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

3. Payment Terms

Access to FirstContact requires a paid subscription. The following terms apply:

• Billing cycle — subscriptions are billed monthly in advance on the date you first subscribe.
• Payment method — you must provide a valid credit card or other accepted payment method. You authorize FirstContact to charge your payment method on a recurring basis until you cancel.
• Price changes — we reserve the right to change subscription prices with at least 30 days' written notice. Continued use after the effective date of a price change constitutes acceptance of the new price. Founder Pricing is locked in for the duration of the original subscriber's active subscription.
• Failed payments — if a payment fails, we will attempt to retry the charge. If payment is not received within 7 days of the due date, your account may be suspended until payment is resolved.
• No refunds — all subscription fees are non-refundable. There are no refunds or credits for partial months of service.
• Taxes — you are responsible for any applicable taxes associated with your subscription.

4. Cancellation Policy

You may cancel your FirstContact subscription at any time:

• How to cancel — cancellations can be made through your account settings or by emailing will@getfirstcontact.io.
• Effect of cancellation — your subscription will remain active through the end of the current billing period. After that date, your account will be deactivated and AI responses will stop.
• Data access after cancellation — upon cancellation, you will have 30 days to export your lead data and conversation transcripts. After 30 days, your data may be permanently deleted.
• No partial refunds — cancellation does not entitle you to a refund for any unused portion of the current billing period.

5. SMS Terms

FirstContact sends SMS messages on your behalf to leads who submit your forms. The following terms govern this functionality:

• Message and data rates — standard message and data rates from the lead's mobile carrier may apply to all SMS messages sent through the FirstContact platform.
• Opt-out — leads may opt out of SMS communications at any time by replying STOP to any message. Upon receipt of a STOP message, all further outreach to that number will cease immediately.
• Help — leads may reply HELP for assistance. Help messages will direct them to will@getfirstcontact.io.
• No SMS data sales — FirstContact does not sell phone numbers or SMS conversation data to any third party for marketing or any other purpose.
• Carrier limitations — message delivery is subject to carrier availability and may be delayed or undelivered due to factors outside our control. Carriers are not liable for delayed or undelivered messages.
• Your TCPA obligations — you acknowledge that you are the sender of record for all SMS messages delivered through your FirstContact account. You are solely responsible for ensuring TCPA compliance, including obtaining required prior express written consent from leads where necessary.

6. Intellectual Property

The FirstContact platform, including its software, AI models, design, and documentation, is owned by FirstContact and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the platform during your subscription term. You may not copy, modify, distribute, sell, or reverse engineer any part of the service.

You retain ownership of all data you provide to FirstContact, including your business information and lead data. You grant FirstContact a limited license to process and store that data solely to provide the services described in these Terms.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• FirstContact is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• We do not warrant that the service will be uninterrupted, error-free, or that AI-generated responses will be accurate or appropriate for every situation.
• In no event will FirstContact, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost leads, or lost revenue, arising out of or in connection with your use of the service, even if we have been advised of the possibility of such damages.
• Our total aggregate liability to you for any claims arising out of or related to these Terms or the service will not exceed the greater of (a) the amount you paid to FirstContact in the 3 months preceding the claim, or (b) $100 USD.

8. Indemnification

You agree to indemnify, defend, and hold harmless FirstContact and its affiliates from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the service, your violation of these Terms, your violation of any applicable law, or any claim by a lead or third party arising from your use of FirstContact.

9. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or if required by law. Upon termination by us for cause, no refund will be issued.

10. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising under these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware. You waive any objection to such jurisdiction and venue.

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date at the top of this page and, for material changes, notify you by email. Continued use of FirstContact after the updated Terms take effect constitutes your acceptance.

12. Contact Us

For questions about these Terms or to request account cancellation, please contact: