Terms of Service

1. Acceptance of Terms

By accessing and using the RapidReply platform, website, and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

RapidReply, LLC ("Company," "we," "our," or "us") reserves the right to modify these Terms at any time. Your continued use of the Service after changes constitutes acceptance of the revised Terms.

2. Service Description

RapidReply is an automated SMS platform designed for HVAC and local service businesses. The Service includes:

• Automated missed call detection and SMS response system
• Customer reply routing and menu system (selections 1, 2, 3)
• Owner/operator SMS alerts and lead notifications
• Compliance tools and reporting features

We provide the platform "as is" and do not guarantee specific business results or customer response rates.

3. User Eligibility and Account

3.1 Eligibility

You represent that you:

• Are at least 18 years old
• Have authority to bind your business to these Terms
• Will use the Service for lawful purposes only
• Own or have permission to use the phone number associated with your account
• Operate a legitimate local service business (HVAC, plumbing, electrical, etc.)

3.2 Account Registration

You agree to provide accurate, complete, and current information during registration. You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities under your account.

3.3 Account Termination

We may suspend or terminate your account if you violate these Terms, engage in illegal activity, or misuse the Service. Account termination may be immediate and without notice.

4. SMS Compliance and Legal Requirements

4.1 TCPA Compliance

You acknowledge that you will comply with the Telephone Consumer Protection Act (TCPA), FCC regulations, and all applicable state and federal laws regarding SMS messaging. You warrant that:

• Customers have provided prior express written consent to receive SMS messages by calling your business phone number
• You will provide clear STOP and HELP instructions in all messages
• You will honor STOP requests promptly
• You will not send messages to numbers marked as do-not-call

4.2 Message Content

You agree that all messages sent through RapidReply will:

• Be truthful and not misleading
• Not contain spam, phishing, malware, or offensive content
• Comply with advertising and disclosure laws
• Not impersonate other entities or individuals
• Include clear identification of your business

4.3 Your Responsibility

You are solely responsible for obtaining and maintaining customer consent. RapidReply provides tools to support compliance but cannot guarantee legal compliance. You assume all liability for violations of TCPA, state telemarketing laws, or other messaging regulations.

5. Prohibited Activities

You agree not to:

• Use the Service to send unsolicited messages or spam
• Harass, abuse, or threaten customers or individuals
• Conduct phishing, fraud, or deceptive practices
• Attempt to gain unauthorized access to the platform or customer data
• Reverse engineer, decompile, or attempt to derive source code
• Use the Service for illegal activities or to facilitate illegal conduct
• Interfere with or disrupt the platform's operation
• Send messages on behalf of another party without authorization
• Use bots or automated tools to artificially inflate message volume
• Violate the privacy rights of customers or third parties

6. Pricing and Payment

6.1 Service Fees

RapidReply charges a monthly subscription fee of $97 per month. This includes:

• Unlimited missed call detection and auto-response sending
• Smart reply routing (selections 1, 2, 3)
• Unlimited owner SMS alerts
• One dedicated business phone number
• Up to 500 texts per month
• Email and phone support

6.2 Overage Charges

Messages beyond 500 per month are charged at $0.05 per message. We will notify you when approaching your monthly limit.

6.3 Billing Cycle

Billing occurs monthly on the date of initial signup. You authorize us to charge your payment method on file automatically. Recurring charges continue until you cancel your account.

6.4 Payment Method

You agree to maintain a valid payment method on file. We accept major credit cards. If payment fails, we may suspend your account after 3 failed attempts.

6.5 Refund Policy

All monthly fees are non-refundable unless required by law. Cancellation takes effect at the end of your current billing period.

6.6 Price Changes

We may change our pricing with 30 days' notice. Continued use of the Service after notice constitutes acceptance of new pricing.

7. Cancellation and Termination

7.1 Cancellation by You

You may cancel your account at any time by contacting us. Cancellation takes effect at the end of your current billing period. We will not issue refunds for the current billing cycle.

7.2 Termination by RapidReply

We may terminate or suspend your account immediately if you:

• Violate these Terms
• Engage in illegal or fraudulent activity
• Fail to pay fees for 15 days after due date
• Repeatedly violate TCPA or messaging regulations

7.3 Data After Termination

Upon account termination, we will delete your account data within 30 days, except where required by law to retain records.

8. Intellectual Property

8.1 Company IP

All content, features, and functionality of the RapidReply platform, including software, technology, design, and documentation, are owned by RapidReply or our licensors. You are granted a non-exclusive, non-transferable license to use the Service solely for your business purposes.

8.2 Your Data

You retain ownership of customer data you provide to the Service. By using RapidReply, you grant us a worldwide, non-exclusive license to use your data to provide and improve the Service.

8.3 No License to Resell

You may not resell, redistribute, or provide the Service to third parties without explicit written permission from RapidReply.

9. Disclaimers and Limitations

9.1 "As Is" Service

The Service is provided "as is" without warranties of any kind, express or implied. We do not warrant that:

• The Service will meet your business needs
• The Service will be error-free or uninterrupted
• Specific results or revenue will be achieved
• All customers will respond to messages

9.2 Limitation of Liability

To the extent permitted by law, RapidReply shall not be liable for:

• Lost profits, revenue, or business opportunities
• Indirect, incidental, or consequential damages
• Damages arising from service interruptions or delays
• Customer data loss or unauthorized access (where not caused by our negligence)

Our total liability shall not exceed the amount you paid in the 12 months preceding the claim.

9.3 Third-Party Services

RapidReply relies on third-party telecommunications providers and payment processors. We are not responsible for their failures or interruptions of service.

10. Indemnification

You agree to indemnify, defend, and hold harmless RapidReply from any claims, damages, or costs (including legal fees) arising from:

• Your violation of these Terms
• Your use of the Service in violation of laws
• Your breach of customer consent requirements or TCPA violations
• Customer complaints or legal claims related to messages you send

11. Service Availability

11.1 No Guaranteed Uptime

While we strive for high availability, we do not guarantee 100% uptime or specific service level agreements (SLAs). Service interruptions may occur for maintenance, updates, or technical issues.

11.2 Notification

We will make reasonable efforts to notify you of planned maintenance at least 24 hours in advance.

11.3 No Liability for Outages

RapidReply is not liable for lost revenue, customers, or leads resulting from service outages or delays, except in cases of gross negligence.

12. Confidentiality

12.1 Your Data

We will maintain reasonable security measures to protect your business data and customer information. However, transmission over the internet is never completely secure.

12.2 Our Confidential Information

You agree not to disclose RapidReply's proprietary technology, pricing, or other confidential information to third parties without written permission.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Harris County, Texas.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, both parties agree to attempt to resolve disputes informally through good-faith negotiation.

14.2 Arbitration

Any dispute not resolved informally within 30 days shall be resolved by binding arbitration under the American Arbitration Association (AAA) rules, in Harris County, Texas. Arbitration costs shall be shared equally unless the arbitrator awards costs to one party.

14.3 Class Action Waiver

You waive any right to bring or participate in a class action lawsuit against RapidReply.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and RapidReply regarding the Service and supersede all prior negotiations, agreements, and understandings. No oral modifications are valid unless made in writing and signed by both parties.

17. Contact Us

For questions about these Terms or to report violations, please contact us: