Legal

Terms of Service

Last Updated: April 14, 2026

1. Acceptance of Terms

The Service is operated by ResponsePro LLC ("ResponsePro," "we," "us," or "our"). By using ResponsePro's automated SMS lead response service (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

We provide an automated SMS messaging system that enables local service businesses to send instant text message responses to customers who submit service requests. The Service includes:

  • Automated SMS delivery to leads and customers via Telnyx-based messaging infrastructure
  • 24/7 automated response capabilities with per-lead follow-up scheduling
  • Integration with business workflows to facilitate lead management
  • Phone number verification at onboarding using the Telnyx Verify API (SMS one-time code)
  • Missed-call SMS recovery (Pro plan, where configured)
  • TCPA-compliant opt-out, quiet-hours enforcement, and compliance logging

We act as a technology service provider and do not provide the underlying services requested by customers (such as plumbing, electrical work, or other professional services).

3. Subscription & Billing

Services are provided on a monthly subscription basis. All plans require a one-time setup fee at onboarding. Current pricing is as follows:

  • Setup fee (all plans): $500 one-time
  • Core: $397/month — Instant SMS to new leads, 24/7 automated response, follow-up sequence (Core limits), compliance tooling (STOP/START/HELP), live analytics dashboard, two-way unified inbox in the dashboard, weekly performance reports, onboarding support, and email support
  • Pro: $747/month — Everything in Core, plus extended follow-up sequence, missed-call SMS recovery (where available and configured), custom first-response SMS copy coordinated at onboarding, and higher lead and SMS limits as described at signup

Monthly fees are billed in advance and are non-refundable except as required by law. We reserve the right to update pricing with 30 days written notice to active clients. Failure to pay may result in service suspension.

4. Use of the Service & TCPA Compliance

4.1 Businesses

Businesses using our Service agree to:

  • Use the Service only for legitimate business communications
  • Comply with all applicable laws and regulations, including the TCPA, FCC rules, and state SMS regulations
  • Ensure lead capture forms include TCPA-compliant opt-in language disclosing recurring automated marketing text messages before leads enter any follow-up sequence
  • Obtain prior express written consent from all individuals who will receive follow-up sequence messages, as required by the TCPA for marketing messages. Such consent must include a clear and conspicuous disclosure that the recipient will receive recurring automated marketing text messages, that consent is not a condition of purchase, and that the recipient may reply STOP to opt out
  • Maintain records of all opt-in consents and provide them to us upon request
  • Provide accurate business and 10DLC registration information during onboarding
  • Not use the Service for spam, harassment, or illegal purposes
  • Not circumvent opt-outs or re-add opted-out numbers without new consent

4.2 Consent tiers

The Service delivers two categories of messages that carry different consent requirements:

  • Initial lead response (Step 1) — An automated SMS sent immediately in response to a lead who submitted a form or placed a call. This is transactional/informational in nature and requires, at minimum, prior express consent (a form submission or initiated call constitutes such consent where the lead reasonably expects a response).
  • Follow-up sequences (Steps 2+ on Core and Pro) — Automated marketing messages sent after the initial response. These require prior express written consent from each recipient as described above. Businesses are solely responsible for ensuring this consent is obtained and documented before any lead enters the follow-up sequence.

4.3 Customers

Our system sends two types of messages on behalf of businesses:

  • Initial response — a single transactional message sent immediately after you submit a service request or miss a call. This confirms your inquiry was received.
  • Follow-up sequences — subsequent automated marketing messages sent over the following days. These are sent only if you provided prior express written consent on the business's lead capture form.

Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. You may opt out at any time by replying STOP to any message. Reply START to re-enable messages (only if previously opted out). Reply HELP for help.

5. No Guarantee of Business Results

We provide a technology platform only. We do not guarantee:

  • That businesses will increase sales, revenue, or job bookings
  • Any specific number of leads or customer conversions
  • That automated responses will result in successful business transactions
  • Uninterrupted or error-free service operation

Business success depends on many factors outside our control, including the quality of services provided, pricing, competition, market conditions, and customer satisfaction.

6. Service Availability

While we strive to provide reliable service, we do not guarantee that the Service will be available at all times. The Service may experience interruptions due to maintenance, technical issues, or factors beyond our control. We reserve the right to modify, suspend, or discontinue the Service at any time with or without notice. Carriers are not liable for delayed or undelivered messages.

7. Limitation of Liability

To the maximum extent permitted by law:

  • ResponsePro LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service
  • This includes, but is not limited to, lost profits, lost business opportunities, lost revenue, or loss of data
  • Our total liability for any claims arising from the Service shall not exceed the amount paid by the customer for the Service in the two months preceding the claim
  • We are not responsible for the actions, services, or conduct of businesses using our platform or their interactions with end customers

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless ResponsePro LLC, its officers, directors, employees, and agents from any and all third-party claims, demands, suits, judgments, penalties, fines, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your messaging content
  • Your failure to obtain lawful consent, including prior express written consent required for marketing messages under the TCPA
  • Your violation of these Terms or any applicable law or regulation
  • Your misuse of the Service
  • Any claim that ResponsePro is vicariously liable for your acts or omissions in connection with the Service or your messaging program

This indemnity expressly covers vicarious liability claims asserted against ResponsePro based on your conduct, whether or not ResponsePro is alleged to have directed, controlled, or ratified such conduct.

9. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are the exclusive property of ResponsePro LLC and are protected by copyright, trademark, and other intellectual property laws.

10. Termination

We reserve the right to terminate or suspend access to the Service at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

11. Governing Law, Arbitration & Class Action Waiver

These Terms shall be governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules.

Informal resolution: Before initiating arbitration, the party asserting a claim must provide the other party written notice describing the claim and the relief sought. The parties will attempt good-faith resolution for thirty (30) days after notice is received.

Mandatory individual arbitration: EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE — INCLUDING ANY CLAIM UNDER THE TELEPHONE CONSUMER PROTECTION ACT (TCPA), 47 U.S.C. § 227, OR ANY STATE EQUIVALENT — SHALL BE RESOLVED EXCLUSIVELY BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS APPLICABLE RULES THEN IN EFFECT. ARBITRATION SHALL BE CONDUCTED IN VIRGINIA OR BY VIDEOCONFERENCE AT THE ELECTION OF THE CONSUMER PARTY. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

Class action waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM MUST BE LITIGATED IN COURT AND NOT IN ARBITRATION.

Exceptions: Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims within the jurisdictional limit of a small claims court may be brought in that court on an individual basis.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by updating the "Last Updated" date at the top of this page. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

14. Entire Agreement

These Terms, together with our Privacy Policy and SMS Consent information, constitute the entire agreement between you and ResponsePro LLC regarding the Service and supersede all prior agreements and understandings.

15. Contact Information

For questions about these Terms of Service, please contact us:

ResponsePro LLC
Email: support@responsepro.app

Phone: (540) 308-5315