1. Acceptance of Terms

Welcome to NeverMiss. By accessing or using any part of the NeverMiss platform (“Service”), including our website, CRM system, AI tools, or associated features, you agree to be legally bound by these Terms of Use (“Terms”), our Privacy Policy, and our Cookie Policy. These Terms constitute a legally binding agreement between you and NeverMiss.

You confirm that you are at least 18 years old and legally capable of entering into contracts. If you do not agree to these Terms, you may not access or use the Service. Your use of the platform signifies your acceptance of these Terms and your electronic signature pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN).

These Terms are written in English, which shall be the controlling language. If you do not understand these Terms, you must not use the Service.

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2. Description of Service

NeverMiss provides an all-in-one business automation platform that includes CRM tools, AI-powered receptionist services, appointment scheduling, workflow automation, SMS and email communications, marketing, and third-party integrations. The Service is intended for business use only.

We reserve the right to change, enhance, restrict, or discontinue any aspect of the Service at our sole discretion and without notice. Beta and trial features may be unstable and are provided “as is” without any guarantees. You acknowledge that the Service is a tool to assist in business operations and not a replacement for human decision-making.

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3. Eligibility

You must be at least 18 years old and legally capable of forming a binding agreement to use this platform. By creating or managing an account, you affirm that the information provided is true and accurate. If we determine you are ineligible or have submitted false information, your access may be revoked immediately.

The Service is intended for users operating businesses in the United States. We do not guarantee compliance with laws in jurisdictions outside the U.S.

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4. User Responsibilities

As a user, you agree to use the Service in a lawful and responsible manner. You must not:

• Use the Service to violate any laws or third-party rights;
• Send spam, unsolicited marketing, or unauthorized communications;
• Distribute malware, spyware, or harmful code;
• Reverse engineer, replicate, or modify any portion of the platform without written consent;
• Share login credentials or allow unauthorized users access to your account.

You agree that no fiduciary duties or special obligations exist between you and NeverMiss beyond those expressly stated in these Terms. You are responsible for maintaining the security of your credentials and for all activity conducted under your account.

Nothing in this agreement creates a partnership, joint venture, or agency relationship. You are solely responsible for complying with all business, tax, data protection, and marketing laws applicable to your operations.

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5. Fair Use and Platform Integrity

To preserve service performance for all clients, usage is subject to fair use policies. The following are prohibited:

• Excessive automation, scraping, or bot activity;
• Overloading system resources or initiating denial-of-service attacks;
• Engaging in behavior that disrupts the performance or availability of the Service for others.

We reserve the right to throttle, suspend, or terminate access to users who violate these fair use limits. These decisions are made at our sole discretion and may occur without notice.

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6. Account Access & Security

You are solely responsible for safeguarding your account credentials and for all activity occurring under your account. NeverMiss disclaims all liability for unauthorized access due to your failure to protect your credentials. You agree to notify us immediately if you suspect any security breach or unauthorized use of your account. We reserve the right to suspend or terminate your account at our discretion if we suspect compromise or misuse.

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7. Payment & Billing

Access to the Service requires payment of subscription fees, setup fees, and/or usage-based charges. By subscribing, you authorize us to charge your payment method on file for all applicable fees. You agree that:

• All charges are non-refundable, regardless of use;
• Promotional offers or coupon codes may result in fixed-term contracts that are non-cancellable during the promotional period;
• Chargebacks are prohibited. You waive your right to dispute payments through your bank or card issuer;
• Pricing and features may change at any time without prior notice. Continued use constitutes acceptance of new terms.

You are responsible for reviewing and managing your usage of features that incur additional charges (e.g., minutes, AI tools, texts).

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8. Cancellation & Termination

You may cancel your subscription by providing at least seven (7) days’ notice before the end of your current billing cycle by emailing [email protected]. Cancellations take effect at the end of the current term. No refunds or prorations will be issued.

We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspected fraud, abuse, or non-payment. Upon cancellation or termination, all your data, account access, and configurations will be permanently deleted. This deletion is immediate and irreversible.

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9. Intellectual Property

All content, source code, trademarks, branding, visual elements, and documentation on the platform are owned by NeverMiss or its licensors and protected under applicable intellectual property laws. You may not reproduce, copy, distribute, decompile, or reverse engineer any portion of the platform. Unauthorized use of any intellectual property is strictly prohibited and subject to legal action.

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10. Third-Party Integrations

The Service may incorporate or rely on third-party services such as Stripe, Twilio, Meta, Google, and others. NeverMiss does not control and is not responsible for third-party functionality, uptime, data handling, or terms. Your continued use of any integration constitutes acceptance of associated risks and terms of those third parties. NeverMiss disclaims all liability for losses or interruptions resulting from third-party tools.

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11. AI Features and Limitations

The Service includes AI-powered tools for communication, scheduling, lead capture, and automation. These tools are experimental and provided "as is." You acknowledge that AI-generated content may be incorrect, misleading, or incomplete. You are solely responsible for verifying and validating any AI output before acting on it. NeverMiss disclaims all liability for actions taken based on AI interactions, including errors in messaging, scheduling, or customer responses.

You must not use the AI tools for legal, medical, or financial advice or in applications where incorrect output could result in harm or regulatory violations.

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12. Disclaimers & Limitation of Liability

The Service is provided “as is” and “as available.” We do not guarantee uninterrupted service, uptime, or availability. All implied warranties, including merchantability and fitness for a particular purpose, are disclaimed to the fullest extent allowed by law.

To the maximum extent permitted by law, NeverMiss shall not be liable for any indirect, incidental, punitive, or consequential damages, including loss of data, business interruption, or loss of revenue. Our total liability for all claims shall not exceed five hundred U.S. dollars (USD $500), regardless of the nature of the claim or legal theory.

Your sole remedy for dissatisfaction with the Service is to discontinue use.

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13. Indemnification

You agree to defend, indemnify, and hold harmless NeverMiss, its owners, employees, contractors, and affiliates from and against any claims, damages, liabilities, losses, or expenses (including attorneys’ fees) arising out of your use of the Service, violation of these Terms, or any content generated or transmitted via your account.

This obligation survives termination of your account or agreement.

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14. Monitoring & Auditing

We reserve the right to monitor platform activity and audit account usage to ensure compliance with these Terms. Monitoring may include review of communications, account behavior, or system usage patterns. We are not obligated to monitor all activity but may do so at our discretion without notice.

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15. Force Majeure

We are not liable for any delay or failure in performance due to causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, acts of God, internet outages, third-party service failures, pandemics, labor strikes, or governmental orders. Service interruptions caused by such events shall not constitute a breach of these Terms.

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16. Changes to Terms

We may modify these Terms at any time, effective immediately upon posting the updated version on our website. Continued use of the Service constitutes acceptance of the revised Terms. It is your responsibility to review these Terms regularly. We are not obligated to provide individual notice of changes.

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17. Governing Law and Arbitration

These Terms are governed by the laws of the State of Washington, without regard to its conflict of law principles. Any disputes shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association, held in Kitsap County, Washington. You waive your right to bring or participate in any class action or jury trial.

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18. Client Responsibilities & Assumption of Risk

You are solely responsible for ensuring that:

• Your use of the platform complies with all applicable laws, including privacy, marketing, and consent regulations;
• Your customers receive proper legal disclosures and consent notices;
• Automation, messages, and AI features are configured, reviewed, and approved by you before deployment;
• You maintain secure access and data backups for your account.

NeverMiss does not monitor user configurations or outbound content and disclaims all liability arising from your misuse or misconfiguration of the platform.

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19. Severability

If any part of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be severed, and the remaining Terms will continue in full force and effect.

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20. Survival

The provisions of Sections 10 through 20 — including disclaimers, limitations of liability, indemnification, arbitration, and client responsibilities — shall survive the expiration, cancellation, or termination of your account or agreement.

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21. Contact Us

If you have questions or concerns about these Terms, please contact us at:

Email: [email protected]

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22. Entire Agreement

These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and NeverMiss regarding use of the Service. They supersede all prior agreements, understandings, communications, and proposals, whether oral or written.

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23. No Waiver

No failure or delay by NeverMiss in exercising any right or enforcing any provision of these Terms shall be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of NeverMiss.