01Agreement to Terms
These Terms of Service ("Terms") are entered into between you (whether personally or on behalf of an entity, "Customer" or "you") and Local Lead Response ("Local Lead Response," "we," "our," or "us"). By signing an order form, accepting a proposal, paying an invoice, or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and any policies referenced herein.
If you do not agree to these Terms, you must not access or use the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
02Description of Services
Local Lead Response provides AI-powered communication and workflow automation services designed for local service businesses, including (without limitation) HVAC, plumbing, roofing, home care, dental, and other professional service companies. The Services may include:
- AI voice agents that answer inbound calls, qualify leads, and book appointments
- AI text agents that respond to missed calls, SMS, and webchat inquiries
- Missed-call text-back automation and lead follow-up sequences
- Calendar, CRM, and review-generation integrations
- Custom workflow automation built to a Customer's specifications
- Setup, configuration, training, hosting, monitoring, and ongoing support of the foregoing
The specific Services provided to you will be described in your proposal, order form, or invoice ("Order"). In the event of a conflict between an Order and these Terms, the Order will control with respect to the items it specifically addresses.
03Eligibility
The Services are intended for businesses and individuals at least 18 years of age. By using the Services you represent and warrant that you (a) have full legal capacity to enter into these Terms, (b) operate a legitimate business, and (c) will use the Services in accordance with all applicable federal, state, and local laws.
04Account Registration
To use certain Services you may need to create an account or be granted access to a third-party platform (for example, GoHighLevel) that we administer on your behalf. You agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account.
You will notify us promptly of any unauthorized access or suspected security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials.
05Fees, Billing, and Payment
Setup Fees. One-time setup and installation fees are payable in advance of work beginning unless otherwise agreed in writing. Setup fees are non-refundable once configuration work has commenced, except as set out in Section 17.
Monthly Management Fees. Recurring management fees are billed in advance on a monthly basis and cover hosting, monitoring, ongoing optimization, and standard technical support. Your subscription will automatically renew each month until terminated in accordance with these Terms.
Usage-Based Costs. Certain Services rely on third-party usage (for example, phone minutes, SMS messages, and AI inference) which may be billed at cost, passed through with a reasonable margin, or included up to a stated cap. Any overages will be disclosed in your Order and billed separately.
Taxes. Fees are exclusive of any sales, use, VAT, or similar taxes. You are responsible for all such taxes other than taxes based on our net income.
Late Payment. Invoices not paid within ten (10) days of the due date may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend the Services until amounts owed are paid in full.
06Setup and Installation
We will use commercially reasonable efforts to complete setup and deliver the configured Services within the timeframes communicated to you. Timely delivery depends on your cooperation, including providing required access, content, integrations, business information, and approvals. Delays caused by Customer or by third-party providers are not the responsibility of Local Lead Response.
Following installation, we may perform testing and optimization, and may request your participation in user acceptance testing before full deployment.
07Acceptable Use
You agree not to use the Services to:
- Violate any law, regulation, or third-party right
- Send unsolicited communications, spam, or messages that violate the Telephone Consumer Protection Act ("TCPA"), CAN-SPAM Act, state telemarketing rules, or similar laws in your jurisdiction
- Engage in harassing, deceptive, fraudulent, defamatory, or harmful conduct
- Distribute malware, viruses, or any code intended to disrupt the Services
- Reverse engineer, decompile, or attempt to derive the source code of the Services
- Resell, rent, or sublicense the Services without our prior written consent
We reserve the right to investigate suspected violations and to suspend or terminate Services that we reasonably believe are being used in breach of these Terms.
08Calls, SMS, and AI-Powered Communications
The Services place outbound calls and send SMS and other automated messages on your behalf. Telecommunications law, including the TCPA, places significant obligations on businesses that contact consumers through automated systems.
You agree to (a) honor all opt-out requests promptly, (b) include any disclosures required by law in messages you authorize, (c) provide accurate sender identification, and (d) maintain records of consent as required by law. The opt-out and consent-management tools we provide are aids only — they do not relieve you of your independent legal obligations.
09Customer Responsibilities
You are responsible for:
- The accuracy of the business information, scripts, and knowledge content you provide for AI training
- Reviewing AI-generated communications and workflows before they go live
- Monitoring the performance of the Services and notifying us of issues
- Maintaining your own backups of business-critical data where reasonable
- Complying with the terms of any third-party services integrated with the Services
10AI System Disclaimer
The Services use artificial intelligence to generate responses, classify intent, and take automated actions. AI systems can make mistakes, produce inaccurate or unexpected output, mishear callers, or misinterpret messages. You acknowledge that the AI components of the Services are provided on an "as is" basis and that you will use reasonable human oversight, particularly for high-value or sensitive interactions.
We do not guarantee any specific level of conversion rate, lead capture, appointment booking, or revenue outcome arising from your use of the Services.
11Third-Party Services and Integrations
The Services integrate with and rely on third-party providers, which may include (without limitation) GoHighLevel, Twilio, OpenAI and other AI model providers, calendar systems, payment processors, and CRMs. Use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the acts, omissions, performance, downtime, or pricing changes of any third-party provider.
12Customer Data and Privacy
"Customer Data" means information, content, contacts, recordings, transcripts, and business records that you submit to the Services or that the Services generate on your behalf. As between the parties, you retain all rights in Customer Data. You grant us a non-exclusive, worldwide, royalty-free license to use Customer Data solely to provide, maintain, support, and improve the Services and to comply with law.
Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for providing any notices and obtaining any consents required for us to process personal information on your behalf.
13Confidentiality
Each party may receive non-public information of the other party that is identified as confidential or that should reasonably be understood to be confidential ("Confidential Information"). Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses for its own, and not less than a reasonable standard, and to use it only to perform its obligations under these Terms.
14Intellectual Property
We retain all right, title, and interest in and to the Services, including all software, AI prompts, workflows, templates, designs, and documentation, and all related intellectual property rights. No rights are granted to you other than those expressly set out in these Terms.
Any feedback or suggestions you provide regarding the Services may be used by us without restriction or obligation to you.
15Service Availability and Support
We strive to provide reliable Services and will use commercially reasonable efforts to maintain availability. However, the Services may be temporarily unavailable due to scheduled maintenance, third-party outages, force majeure events, or other causes outside our reasonable control. Unless expressly stated in an Order, we do not provide a guaranteed uptime service-level agreement.
Standard technical support is included with active monthly management. Priority support, dedicated response times, or after-hours support may be available under a separate agreement.
16Term and Termination
These Terms remain in effect for as long as you use the Services. Either party may terminate a monthly subscription by providing written notice at least thirty (30) days prior to the next renewal date. Fees already paid for the current billing period are non-refundable except as set out in Section 17.
We may suspend or terminate the Services immediately if you (a) materially breach these Terms and fail to cure within ten (10) days of notice, (b) fail to pay amounts due, or (c) use the Services in a way that we reasonably determine creates legal or security risk.
On termination, your right to use the Services ends and we may, after a reasonable period, delete Customer Data in our possession.
17Refund Policy
Setup fees are generally non-refundable once configuration work has commenced. Where setup work has not yet started, we may, at our discretion, issue a refund less reasonable administrative costs. Monthly management fees are non-refundable for the current billing period; cancellations take effect at the end of the then-current period.
18Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
19Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
20Indemnification
You agree to indemnify, defend, and hold harmless Local Lead Response and its officers, employees, and contractors from and against any claims, damages, losses, liabilities, and reasonable expenses (including attorneys' fees) arising out of or relating to (a) your use of the Services, (b) your breach of these Terms, (c) Customer Data or content you provide, or (d) communications initiated through your use of the Services, including any claims under TCPA or similar laws.
21Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, for material changes, provide reasonable notice (such as by email or an in-product notice). Your continued use of the Services after the changes take effect constitutes acceptance of the revised Terms.
22Governing Law and Disputes
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. The parties agree that any dispute arising under or relating to these Terms will be brought exclusively in the state or federal courts located in Loudoun County, Virginia, and the parties consent to the personal jurisdiction of those courts.
Each party waives any right to a jury trial. The parties may agree in writing to resolve a dispute through confidential binding arbitration administered by a recognized arbitration provider, in which case the arbitrator's decision will be final and binding.
23Miscellaneous
Entire Agreement. These Terms, together with any Order and policies referenced herein, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements on the subject.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. A party's failure to enforce any right or provision of these Terms will not be a waiver of that right or provision.
Force Majeure. Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control.
24Contact Us
If you have questions about these Terms or the Services, please contact us: