Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you (“you,” “your,” or “Customer”) and Red White and Booked LLC, a Massachusetts limited liability company (“Red White and Booked,” “we,” “us,” or “our”). By creating an account, subscribing to, or using our service, you agree to these Terms. If you do not agree, do not use the service.

1. The service

Red White and Booked provides software that lets local service businesses automatically respond to missed calls by text message, request Google reviews from customers, and accept online appointment bookings (“the Service”). The Service is delivered through a third-party software platform that we license and configure on your behalf.

2. Eligibility and account

You must be at least 18 years old and authorized to act on behalf of the business you register. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your account credentials, and for all activity that occurs under your account.

3. Fees, billing, and cancellation

• The subscription fee is stated at the time you sign up and is billed monthly in advance.
• Fees are charged automatically to your payment method on file until you cancel.
• Usage-based charges. Text messaging, voice, and similar telecommunications usage may be billed in addition to your subscription fee at the rates disclosed to you. We will notify you before any change to those rates.
• Cancellation. You may cancel at any time. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial months, except where required by law.
• Non-payment. We may suspend or terminate your account if payment fails and is not cured within a reasonable period after notice.
• Price changes. We may change subscription pricing with at least 30 days' notice. Continued use after the change takes effect constitutes acceptance.

4. Your responsibilities for messaging compliance

You represent, warrant, and agree that:

• You have obtained and will maintain all legally required consent from every person your account sends messages to, in compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, applicable state law, and mobile carrier requirements.
• You will honor opt-out requests promptly and will not send messages to any person who has opted out.
• You will not use the Service to send unlawful, deceptive, harassing, or unsolicited bulk messages, or to send content prohibited by mobile carriers, including content relating to cannabis, illegal substances, firearms, hate speech, high-risk financial offers, or sexually explicit material.
• You will provide accurate business information for carrier registration and will promptly notify us if that information changes.
• You will not attempt to evade carrier filtering, message throughput limits, or registration requirements.

You are solely responsible for the content of the messages sent from your account and for obtaining consent to send them. You agree to indemnify and hold us harmless from any claim, penalty, fine, or expense (including reasonable attorneys' fees) arising from your messages or your failure to comply with this Section 4.

We may suspend or terminate your account immediately, without refund, if we reasonably believe your use violates this Section, applicable law, or carrier rules.

SMS Messaging If you receive text messages through the Service, you may opt out at any time by replying STOP to any message. Reply HELP for assistance. See our SMS Terms for full details on message frequency, applicable rates, and consent. Messaging program. Red White and Booked sends two categories of text message. To our own customers and prospects who opt in, we send account, setup, support, and billing messages, plus occasional information about our services. On behalf of the local service businesses that use our software, the platform sends missed-call auto-replies, appointment confirmations and reminders, and post-job review requests — in those cases the business named in the message is the sender and is responsible for obtaining consent. Message frequency varies. Reply STOP to opt out or HELP for help. Message and data rates. Message and data rates may apply to text messages sent and received through the Service. Your mobile carrier's standard messaging and data charges apply, and we are not responsible for those charges. Contact your carrier for details on your plan. Carriers and delivery. Message delivery depends on mobile carrier networks and is not guaranteed. Mobile carriers are not liable for delayed or undelivered messages. Supported carriers may change without notice.

5. Prohibited use

You may not: reverse engineer, resell, sublicense, or white-label the Service without our written permission; use the Service to build a competing product; interfere with or disrupt the Service; access the Service by automated means except through interfaces we provide; or use the Service in violation of any applicable law.

6. Service availability

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service depends on third-party platforms, telecommunications carriers, and internet infrastructure that we do not control. We may modify, suspend, or discontinue features with reasonable notice.

7. Intellectual property

We retain all right, title, and interest in the Service, including our software configurations, templates, workflows, branding, and documentation. You retain all right, title, and interest in your own data, including your contact records and message content. You grant us a limited license to use your data solely to provide and improve the Service.

8. Data

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms. You are responsible for having a lawful basis to provide us with any personal information about your customers.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT MESSAGES WILL BE DELIVERED, OR THAT USE OF THE SERVICE WILL GENERATE ANY PARTICULAR BUSINESS RESULT.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in this section limits your indemnification obligations under Section 4, or either party's liability for fraud, willful misconduct, or any liability that cannot be limited under applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Red White and Booked LLC and its officers, members, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) the content of messages sent from your account; (c) your violation of these Terms or applicable law; or (d) your violation of the rights of any third party.

12. Term and termination

These Terms remain in effect while your account is active. Either party may terminate at any time as described in Section 3. Upon termination, your right to use the Service ends immediately. We will make your data available for export for a reasonable period following termination, after which we may delete it. Sections 4, 7, 9, 10, 11, and 13 survive termination.

13. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Massachusetts, and both parties consent to personal jurisdiction there.

14. Assignment

You may not assign these Terms without our written consent. We may assign these Terms, in whole or in part, in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets. These Terms bind and benefit each party's permitted successors and assigns.

15. General

These Terms, together with the Privacy Policy and SMS Terms, are the entire agreement between the parties regarding the Service and supersede all prior agreements and understandings. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce any provision is not a waiver of it. We may update these Terms with reasonable notice; continued use after the effective date constitutes acceptance.

16. Contact