Terms of Service

By using the FirstTouch service (“Service”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Service. “You” refers to the business owner or operator using FirstTouch.

FirstTouch is a missed-call recovery system. When a call to a FirstTouch-enabled business number goes unanswered, the Service automatically sends an SMS to the caller, engages in a brief AI-assisted qualification conversation, and delivers a lead summary to the business operator via SMS.

As a business operator using FirstTouch, you are responsible for:

• Ensuring your use of automated SMS messaging complies with applicable law, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.
• Providing accurate business configuration (business name, forwarding phone, notification phone) and keeping it current.
• Not using the Service to contact individuals who have not called your business number or who have previously opted out.
• Not using the Service for spam, harassment, illegal solicitation, or any purpose that violates any person's rights.

The Service sends automated SMS messages. By subscribing, you represent that your use of automated messaging complies with the Telephone Consumer Protection Act (TCPA) and all applicable state and federal regulations.

The Service automatically honors STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT keywords from callers. You must not override or circumvent these opt-out mechanisms.

Message and data rates may apply to end users. You are responsible for including appropriate disclosures in any marketing material that directs consumers to call your FirstTouch number.

You may not use the Service to:

• Send unsolicited messages to individuals who have not called your number
• Impersonate another business or individual
• Engage in any fraudulent, deceptive, or unlawful activity
• Circumvent technical safeguards or rate limits
• Resell or sublicense the Service without written permission

Subscription fees are charged monthly in advance. You may cancel at any time; cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods.

The Service integrates with Twilio (telephony and SMS), OpenAI (AI conversation), and Supabase (data storage). Your use of the Service is subject to those providers' terms and acceptable use policies.

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRSTTOUCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM.

You agree to indemnify and hold harmless FirstTouch, its officers, directors, and agents from any claim, liability, or expense (including reasonable attorney fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

These Terms are governed by the laws of the State of Georgia, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Georgia.

We may modify these Terms at any time. The effective date will be updated. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.