NeverMiss Terms of Service
These Terms of Service (“Terms”) govern access to and use of the NeverMiss platform, software, and related services (collectively, the “Services”) provided by NeverMiss, a Washington-based sole proprietorship (“NeverMiss,” “we,” “us,” or “our”).
By accessing, purchasing, authorizing, or using the Services, or by clicking “I Agree,” “Accept,” or similar, you (“Client” or “you”) agree to be legally bound by these Terms. If you do not agree, do not use the Services.
1. Definitions
- Client means the individual or legal entity purchasing or using the Services.
- End User means any individual or business contacted by Client through the Services.
- Communications means any outbound or inbound telephone calls, voice calls, SMS messages, MMS messages, text messages, or other automated electronic communications conducted using the Services.
- Outbound Automation means any automated, prerecorded, AI-generated, or system-triggered Communications (including voice calls and text messages) initiated in response to Client-approved triggers, including form submissions.
- Applicable Law includes all federal, state, and local laws and regulations, including the Telephone Consumer Protection Act (TCPA), Do-Not-Call laws, FCC regulations, FTC Telemarketing Sales Rule, applicable CTIA guidelines, and applicable state consumer protection statutes.
2. Platform Role; Non-Initiation of Communications
NeverMiss provides a technology platform and configuration services only.
NeverMiss does not independently initiate, originate, decide, or authorize Communications. NeverMiss does not determine the recipients, timing, frequency, content, purpose, or legal compliance of any Communications.
Client is the sole “seller,” “caller,” and initiating party for all Communications conducted using the Services. All Communications are made by or on behalf of Client, not NeverMiss.
3. Client Authorization Required for Outbound Automations
Outbound Automations, including automated voice calls and SMS or text message campaigns, will not be initiated unless and until Client provides explicit authorization.
By submitting an authorization (including via an “Initiate Campaign,” “Authorize Automation,” or similar mechanism), Client:
- Instructs NeverMiss to initiate the specified Outbound Automation;
- Confirms that the scope, triggers, channels (voice and/or text), and purpose of the automation are approved by Client; and
- Acknowledges that NeverMiss will execute the automation solely as a technical service provider and ministerial agent acting at Client’s direction.
NeverMiss’s initiation of an Outbound Automation following Client authorization is a mechanical act performed pursuant to Client instruction and does not constitute an independent decision by NeverMiss.
Client may revoke authorization at any time by written notice, after which NeverMiss will cease execution of the applicable automation.
4. Client Compliance Obligations
Client is solely responsible for compliance with all Applicable Law governing Communications, including both voice calls and text messaging.
Without limitation, Client represents, warrants, and covenants that it:
- Has obtained and will maintain all legally required consents, permissions, and authorizations for automated voice calls and SMS or text messages, including prior express written consent where required;
- Complies with the TCPA, Do-Not-Call laws, FCC regulations, FTC Telemarketing Sales Rule, applicable CTIA guidelines, and all applicable state and local laws;
- Ensures all automated, prerecorded, or AI-generated Communications include legally required disclosures;
- Ensures SMS or text messages include compliant opt-out instructions (e.g., “STOP” functionality) and honors such requests promptly; and
- Ensures Communications occur only within legally permitted calling windows.
5. Consent, Disclosure, and Opt-Out Responsibility
Client is solely responsible for the accuracy, sufficiency, and legal validity of all consent language, form disclosures, call scripts and conversational prompts, message content, opt-out mechanisms, and suppression lists used in connection with voice calls or text messages.
Any failure to properly obtain consent, disclose automated or text-based Communications, or honor opt-out or do-not-call requests is Client’s responsibility alone.
6. Data Ownership and Legality
Client retains all rights to and responsibility for all data used with the Services, including contact information and telephone numbers.
Client represents and warrants that all such data was lawfully obtained and may be used for Communications under Applicable Law, including that such data is not subject to opt-out or do-not-call restrictions except where valid consent exists.
NeverMiss does not independently verify the legality of Client data.
7. No Legal or Compliance Advice
NeverMiss does not provide legal advice, compliance advice, or regulatory determinations.
Any templates, scripts, workflows, automations, examples, or technical features are provided solely for functional purposes and do not guarantee compliance with any law.
Client is solely responsible for consulting its own legal counsel regarding compliance obligations.
8. Suspension for Legal Risk
NeverMiss may suspend or terminate Services immediately if it reasonably believes Client’s use of the Services may expose NeverMiss to legal, regulatory, or reputational risk.
Such suspension does not relieve Client of payment obligations incurred prior to suspension.
9. Fees and Payment
Client agrees to pay all fees disclosed at purchase or subscription. Fees are non-refundable unless expressly stated otherwise.
Usage-based fees may apply and will be billed according to actual usage.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
NEVERMISS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NeverMiss does not warrant that the Services will be uninterrupted, error-free, or compliant with any law.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEVERMISS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, OR PUNITIVE DAMAGES ARISING FROM COMMUNICATIONS INITIATED BY OR ON BEHALF OF CLIENT.
IN NO EVENT SHALL NEVERMISS’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY CLIENT TO NEVERMISS FOR THE SERVICES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification and Defense
Client shall defend, indemnify, and hold harmless NeverMiss and its employees, contractors, and agents from and against any and all claims, demands, investigations, actions, damages, penalties, fines, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Voice calls, SMS messages, or other Communications initiated by or on behalf of Client;
- Alleged violations of the TCPA, Do-Not-Call laws, FCC or FTC regulations, applicable CTIA guidelines, or similar statutes governing automated or text-based communications;
- Client’s failure to obtain valid consent or honor opt-out or do-not-call requests; or
- Client’s use or misuse of the Services.
This obligation includes a duty to defend.
13. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
Except for claims eligible for small-claims court, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration, administered by the American Arbitration Association (AAA) under its applicable rules.
- Arbitration shall be conducted on an individual basis only.
- Class actions, class arbitrations, private attorney general actions, and collective proceedings are waived.
- If this arbitration provision is held unenforceable, exclusive jurisdiction shall lie in the state or federal courts located in Kitsap County, Washington.
Clients may opt out of arbitration by providing written notice to [email protected] within 30 days of first acceptance
of these Terms. The opt-out notice must include Client’s name, account email, and a clear statement that Client wishes to opt out of arbitration.
14. Governing Law
These Terms shall be governed by the laws of the State of Washington, without regard to conflict-of-law principles.
15. Notices
All legal notices to NeverMiss must be sent by email only to: [email protected]
Email notice shall be deemed received upon transmission. Client acknowledges that NeverMiss operates as a remote sole proprietorship and that email notice constitutes reasonable and sufficient notice.
16. Assignment
NeverMiss may assign these Terms without restriction. Client may not assign these Terms without prior written consent.
17. Modifications
NeverMiss may modify these Terms at any time. Changes are effective immediately upon posting. Continued use of the Services constitutes acceptance of the revised Terms.
18. Survival
Sections relating to indemnification, limitation of liability, dispute resolution, governing law, and any provisions that by their nature should survive termination shall survive termination of these Terms.
19. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements or understandings relating to the Services.