Draft — pending legal review
Terms of Service
Effective date: [Effective date] · This draft has not been reviewed by counsel and is not yet in force.
The agreement
These terms are an agreement between Bendix Konsulting AS, Overlege Helsingens veg 18, 7805 Namsos, Norway ("LeadRescue", "we") and the business that creates an account ("you"). By creating an account or using the service you accept them. If you accept on behalf of a company, you confirm you are authorised to do so.
What the service does
LeadRescue responds to inbound leads on your behalf: it texts back missed calls and new web leads, asks the qualification questions you configure, sends the booking link you provide, and records the outcome. It is not a CRM, a dispatch system, an invoicing system, or a marketing or outbound dialer platform.
New accounts start in sandbox mode, where calls and messages are simulated and nothing is sent to a real person. Going live requires an active plan, a provisioned phone number and an approved US A2P 10DLC registration.
Acceptable use — your responsibilities
You are the sender of the messages LeadRescue transmits for you, and you are responsible for having a lawful basis for each of them. You agree that:
- You will only use the service to respond to people who contacted your business first. Cold outreach, purchased or scraped lists, bulk marketing campaigns and reactivation of dormant contacts are prohibited.
- You will comply with the Telephone Consumer Protection Act, CTIA messaging principles, carrier requirements and applicable state law, and you will keep accurate consent records.
- You will complete brand and campaign registration (A2P 10DLC) truthfully before sending live messages, and you will keep your registered use case accurate.
- You will not send prohibited content, including messages relating to sex, hate, alcohol, firearms or tobacco, high-risk financial offers, or unlawful products.
- You will not use the service for protected health information, consumer-finance or insurance-regulated workflows, or any use case outside home services without our written agreement.
- You will not resell, reverse engineer, overload or attempt to access another customer's data.
We may suspend live messaging immediately — including through a platform-wide kill switch — if we reasonably believe a use breaches these rules or endangers carrier delivery for other customers.
Messaging program terms
- Message frequency varies by conversation.
- Message and data rates may apply for recipients.
- Recipients can reply STOP to opt out and HELP for help.
- Consent to receive messages is not a condition of any purchase.
- Opt-outs are honoured immediately and permanently until the recipient explicitly replies START. You may not circumvent an opt-out through another channel or another number.
- Carriers do not guarantee message delivery or timing and are not liable for delayed or undelivered messages.
Automated voice calls
AI voice callbacks are only placed to leads whose recorded consent basis is express written consent for automated calls. You are responsible for the accuracy of that consent record. The assistant identifies itself as automated and does not quote prices, discounts, warranties or availability. Calls are not recorded by default.
Your data
Lead data and your configuration remain yours. You grant us the right to process them to provide the service, including through the providers listed in our Privacy Policy. You are responsible for the accuracy and lawfulness of the data you and your leads put into the service. We will make your data available for export on request during the term.
Fees and billing
- Plans are billed monthly in advance, plus a one-time setup fee covering configuration, number provisioning and registration support. Prices are shown on the plans section of our site and may change with notice before a renewal.
- Each plan includes a monthly allowance of message segments, voice minutes and AI requests. Automation pauses when an allowance is exhausted until the allowance resets or you move to a larger plan.
- Fees are exclusive of taxes. The setup fee is fully refundable until your business's A2P 10DLC registration is submitted to the carriers; after that it is non-refundable.
- The monthly plan has no commitment: you can cancel at any time. Cancellation takes effect at the end of the current billing period, and monthly fees already paid are not refunded.
- Accounts arranged through a marketplace (for example a Fiverr order) are billed through that marketplace under its own terms.
Setup, registration consent and support
- After a setup payment you receive a link to a setup form. Submitting it with the consent boxes ticked authorizes us to register your business for A2P 10DLC texting with US carriers on your behalf. That submission is the point after which the setup fee is non-refundable.
- Support is by email and through the in-app support form. Messages are answered by an automated assistant that uses only our published product information; anything it cannot answer is passed on and answered by email. We do not offer phone or video support. Refund requests are handled under the refund policy above, automatically where the policy allows a refund.
Availability and third-party services
The service depends on third-party providers for telephony, AI, email, payments and hosting. We do not guarantee uninterrupted availability, and outages or changes at those providers may affect the service. Sandbox mode, beta features and anything labelled "coming soon" are provided without any commitment that they will ship.
AI output
AI-generated summaries and extracted fields can be wrong or incomplete. They are aids, not professional advice, and you remain responsible for checking anything you act on — in particular pricing, scheduling commitments and technical diagnoses.
Termination
Either party may terminate for convenience with notice effective at the end of the billing period, or immediately for a material breach that is not cured within ten days. We may terminate immediately for messaging-compliance breaches. On termination we stop processing and delete your data after a reasonable wind-down period, except records we must keep, such as opt-out records.
Disclaimers and liability
The service is provided "as is". We do not warrant any specific number of recovered leads, bookings or revenue; figures shown in marketing material are illustrative examples, not promises. To the maximum extent permitted by law, neither party is liable for indirect, incidental or consequential damages, and our total liability is limited to the fees you paid in the twelve months before the claim.
You will indemnify us against claims arising from your use of the service in breach of these terms, including claims that a message was sent without a valid legal basis or consent.
Changes and governing law
We may update these terms and will post the new effective date here; continued use after the change means you accept it. These terms are governed by the laws of [State], United States, without regard to conflict-of-law rules, and disputes will be heard in the courts of [State].
Contact: bendix@bjerveur.no, Bendix Konsulting AS.
Questions about this document: bendix@bjerveur.no.