Terms of Service

Last Updated: December 7, 2024

1. Agreement to Terms

By accessing or using First Call Capture ("Service"), operated by Blue Belfry Business Solutions ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

First Call Capture is an automated SMS response service that sends text messages to callers when they reach your business phone number but you are unable to answer. The Service includes:

  • Automatic SMS replies to missed calls
  • Customizable message templates
  • Call tracking and notification features
  • Dashboard for managing settings

3. Account Registration

To use our Service, you must:

  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Promptly update any changes to your account information
  • Be at least 18 years of age or the age of majority in your jurisdiction
  • Have the authority to bind your business to these terms

You are responsible for all activities that occur under your account.

4. Subscription and Billing

Free Trial: We offer a 14-day free trial for new subscribers. Your credit card will not be charged during the trial period. You may cancel at any time during the trial without charge.

Subscription Plans: After the trial period, you will be charged according to your selected plan (Starter, Professional, or Business) on a monthly basis.

Automatic Renewal: Your subscription will automatically renew each month unless you cancel before the renewal date.

Payment: You agree to provide current, complete, and accurate billing information. All fees are non-refundable except as required by law.

Cancellation: You may cancel your subscription at any time from your dashboard. Cancellation will take effect at the end of your current billing period.

5. SMS and Telecommunications

SMS Consent: By using our Service, you consent to receive SMS messages from our system on behalf of your business. You also represent that you have obtained proper consent from your customers to send them automated text messages.

Compliance: You agree to comply with all applicable laws and regulations regarding automated text messaging, including but not limited to the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.

Opt-Out: All SMS messages sent through our Service include opt-out functionality. Recipients may reply STOP to unsubscribe from future messages.

6. Acceptable Use

You agree NOT to use the Service to:

  • Send spam, unsolicited messages, or marketing content without consent
  • Violate any local, state, national, or international law
  • Harass, abuse, or harm another person
  • Impersonate any person or entity
  • Send fraudulent, false, or misleading information
  • Interfere with or disrupt the Service or servers
  • Use the Service for any illegal or unauthorized purpose

7. Service Availability

We strive to provide reliable service but do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We reserve the right to modify, suspend, or discontinue the Service at any time with or without notice.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by Blue Belfry Business Solutions and are protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of our Service without explicit permission.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE BELFRY BUSINESS SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or customer information
  • Missed calls or undelivered messages
  • Service interruptions or errors

Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Blue Belfry Business Solutions from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

11. Termination

We reserve the right to terminate or suspend your account immediately, without prior notice, if you violate these Terms or engage in fraudulent or illegal activity. Upon termination, your right to use the Service will cease immediately.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Blue Belfry Business Solutions
Email: [email protected]
Website: www.firstcallcapture.com