Terms of Service

1. The service

NeverMiss ATX provides AI-powered phone answering, website chat, lead capture, and related notification services ("the Service") to business subscribers, operated by Gold Labs AI LLC ("we", "us"). By creating an account or using the Service you agree to these terms.

2. Subscriptions & billing

• Plans are billed monthly in advance via Stripe. Free trials convert only if you choose a paid plan.
• Plans include a monthly allotment of call minutes as described on the pricing page; sustained overage may require a plan upgrade, which we will discuss with you first.
• You may cancel anytime; service continues through the end of the paid period. Fees are non-refundable except where required by law.

3. Your responsibilities

• Provide accurate business information: the AI answers based on the knowledge you supply and approve.
• Use the Service only for lawful business purposes; no spam, harassment, or deceptive practices.
• Maintain any legally required notices and disclosures to your own customers regarding call handling, monitoring, or recording. Call-recording consent laws vary by state (some states require the consent of all parties to a call) and the applicable law may be that of the caller's location, not yours.
• Keep your account credentials secure and notify us promptly of any suspected unauthorized access. You are responsible for all activity and usage that occurs under your account.

You agree to indemnify, defend, and hold harmless Gold Labs AI LLC and its officers, employees, and agents against any claims, losses, liabilities, penalties, or statutory damages (including under state wiretapping or call-recording laws) arising out of your failure to provide legally required call-recording or monitoring disclosures to callers, or otherwise arising from your use of the Service in violation of applicable law.

4. SMS messaging terms

If you opt in to SMS notifications (via the consent checkbox in dashboard settings), you agree to receive automated text messages from NeverMiss ATX at the mobile number you provide, including new-lead alerts and appointment-related updates. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time, or HELP for help. You can also disable SMS in dashboard settings or by emailing hello@nevermissatx.com. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how mobile information is handled, it is never shared with third parties for marketing.

5. AI disclosure

The Service uses artificial intelligence to conduct conversations. AI responses are generated from the business knowledge you provide but may occasionally be imperfect. You are responsible for reviewing captured leads and knowledge content. The AI will honestly identify itself as automated when asked directly.

AI-generated responses are informational only and do not constitute binding offers, quotes, or contracts on our behalf or yours. To the maximum extent permitted by law, we are not liable for financial commitments, pricing promises, discounts, warranties, or contractual obligations mistakenly generated by the AI; you are responsible for reviewing such statements and honoring or correcting them with your customers as you see fit.

6. Intellectual property & data

You retain ownership of your business content and lead data. We retain ownership of the Service, software, and platform. You grant us a license to process your content solely to provide the Service. Upon cancellation, we retain your business content, conversation records (including call recordings and transcripts), and lead data for 30 days so you can request an export or earlier deletion; after that window it is deleted, except records we are required to keep for legal, billing, or tax purposes.

7. Disclaimers & liability

The Service is provided "as is." We do not guarantee uninterrupted operation, that every call will be answered, or that every lead will be captured. To the maximum extent permitted by law, our total liability for any claim is limited to the amounts you paid us in the three months preceding the claim. We are not liable for indirect, incidental, or consequential damages, including lost business or lost profits. We are also not liable for unauthorized usage charges, call or messaging fees, or API toll fraud resulting from compromised account credentials or other unauthorized access to your account.

8. Dispute resolution: binding arbitration & class-action waiver

Before filing any claim, you agree to first contact us at hello@nevermissatx.com with a written description of the dispute and give us 30 days to resolve it informally.

Any dispute, claim, or controversy arising out of or relating to these terms or the Service that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Austin, Travis County, Texas (or by videoconference where the rules allow). The Federal Arbitration Act governs the interpretation and enforcement of this section. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees and its share of arbitration costs except where the applicable rules or law provide otherwise.

Exceptions: either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or the security and tenant-data isolation of the Service.

Class-action waiver: all disputes shall be arbitrated or litigated only on an individual basis. Neither party may participate in a class, consolidated, or representative action against the other, and the arbitrator may not consolidate more than one party's claims or preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court rather than arbitration, and the remainder of this section remains in effect.

9. Termination, changes & governing law

We may suspend or terminate accounts that violate these terms. We may update these terms with notice via the dashboard or email; continued use constitutes acceptance. These terms are governed by the laws of the State of Texas; venue for any court proceeding permitted under Section 8 is Travis County, Texas. Questions: hello@nevermissatx.com.