Template — review with legal counsel before launch.
This document is a starting point, not legal advice. Have a qualified attorney review and adapt it for your business before you rely on it.
1. Who these terms are between
These Terms of Service ("Terms") are an agreement between you or the business you represent ("you") and Practical Systems, operated by Wes Sander ("we," "us," "Leak Autopilot"). By creating an account, starting a trial, or using the service, you agree to these Terms. If you are agreeing on behalf of a business, you represent that you are authorized to bind it.
2. The service
Leak Autopilot helps local service businesses recover revenue lost to missed calls, slow lead response, stale quotes, no-shows, unpaid invoices, and missing review requests. It detects these leaks, drafts follow-up text messages and emails, and, where you enable it, sends those messages to your own customers on your behalf.
3. Subscriptions, trials, and billing
- Plans. The service is offered on monthly plans: Starter at $99 per month and Pro at $299 per month. Current pricing and plan features are shown on our pricing page.
- Free trial. New accounts start with a 14-day free trial. Unless you cancel before the trial ends, your subscription begins and your chosen plan is billed.
- Renewal. Subscriptions are billed monthly in advance and renew automatically each month until canceled.
- Cancellation. You can cancel anytime from the billing portal in your account. Cancellation stops future charges and takes effect at the end of the current billing period. We do not provide prorated refunds for partial months unless required by law.
- Price changes. We may change pricing with reasonable advance notice. Changes apply to billing periods that start after the notice.
- Taxes. Fees are exclusive of taxes, which you are responsible for where applicable. Billing is handled by Stripe.
4. Your account
You are responsible for keeping your login credentials secure and for all activity under your account. Notify us promptly of any unauthorized use. You must provide accurate account information and keep it current.
5. Acceptable use
You agree not to use the service to:
- Send messages without the recipient's required consent (see Section 6).
- Send spam, deceptive, harassing, unlawful, or fraudulent content.
- Send content that is hateful, threatening, or that promotes illegal activity.
- Violate any law, regulation, or carrier or messaging-provider policy.
- Infringe intellectual property or privacy rights, or upload data you do not have the right to use.
- Interfere with, probe, or attempt to gain unauthorized access to the service or its infrastructure.
- Resell or provide the service to third parties except as expressly permitted.
We may suspend or terminate accounts that violate these rules or that create risk for us or other users.
6. Your customers, consent, and compliance
Leak Autopilot sends messages to your customers, on your behalf. You are responsible for those customers and for the lawfulness of the messages you send or automate. In particular, you represent and agree that:
- You have obtained all required prior consent to contact each customer by SMS and email, including any prior express consent required by the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and other applicable laws and carrier rules.
- You will honor opt-out requests (such as STOP for SMS and unsubscribe for email) promptly, and you will not message anyone who has opted out.
- You will use the service in line with our SMS policy and privacy policy.
- You have the right to upload and process the customer data you put into the service.
Compliance with consent and messaging laws is your responsibility as the sender of record. We provide tools to help (such as automatic STOP and HELP handling), but those tools do not replace your obligation to obtain consent and follow the law.
7. Your data
You retain ownership of the data you provide, including your business profile and your customer records. You grant us a limited license to host, process, and transmit that data solely to operate and provide the service. Our handling of personal data is described in our privacy policy.
8. Third-party services
The service relies on third parties including Clerk, Stripe, Twilio, Resend, Neon, and Vercel. Your use of the service may also be subject to their terms. We are not responsible for the acts or omissions of third-party providers.
9. Disclaimers
The service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or secure, or that any particular amount of revenue will be recovered. Revenue and ROI figures shown in marketing are illustrative and are not a guarantee of results.
10. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total liability for any claim arising out of or relating to the service is limited to the amount you paid us for the service in the twelve months before the event giving rise to the claim.
You are solely responsible for messages sent through the service and for any claims, fines, or penalties arising from messages you send or automate, including those under the TCPA and similar laws. You agree to indemnify and hold us harmless from claims arising out of your use of the service or your violation of these Terms or applicable law.
11. Termination
You may stop using the service and cancel at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or create risk for the service or others. On termination, your right to use the service ends; sections that by their nature should survive (such as payment owed, disclaimers, limitations of liability, and indemnity) will survive.
12. Changes to these terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and provide notice through the service. Your continued use after changes take effect means you accept the updated Terms.
13. Governing law
These Terms are governed by the laws of the State of [PLACEHOLDER — governing-law state], without regard to its conflict-of-laws rules. The exclusive venue for disputes will be the state or federal courts located in that state, and you consent to their jurisdiction.
14. Contact
Questions about these Terms? Email agent@practicalsystems.io. [PLACEHOLDER — add business mailing address before launch.]