Terms of Service

Please read these Terms of Service ("Terms", "Agreement") carefully. This Agreement is between Vital Shelter LLC ("Company", "we", "us", or "our"), doing business as ZeroMiss Local, and you ("User", "you", or "your"). By accessing or using ZeroMiss Local ("Service"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Account Registration

1.1. Account Creation

In order to access and use ZeroMiss Local, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

1.2. Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2. License

2.1. Limited License

Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use ZeroMiss Local solely for your internal business purposes.

2.2. Restrictions

You may not sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make ZeroMiss Local available to any third party.

2.3. CRM & Business Integrations

When connecting our Service with your CRM system:

• You are responsible for obtaining all necessary permissions and rights from your CRM provider to share data with our Service
• You warrant that your use of any CRM integration complies with your agreement with the CRM provider
• You acknowledge that we are not responsible for any changes made by CRM providers that may affect the integration
• We reserve the right to modify or discontinue any CRM integration features with reasonable notice
• You are responsible for maintaining the security of your CRM credentials and API keys
• We will handle any CRM data in accordance with our Privacy Policy and applicable data protection laws
• You acknowledge that the availability and functionality of CRM integrations may depend on third-party services outside our control
• You will notify us immediately of any changes to your phone numbers, service areas, or pricing limits so we can update the AI prompt configurations

3. Intellectual Property

3.1. Ownership

ZeroMiss Local and all intellectual property rights therein are and shall remain the exclusive property of Vital Shelter LLC. Nothing in this Agreement shall convey to you any right, title, or interest in or to ZeroMiss Local except for the limited license expressly granted herein.

4. Data Privacy and Communication

4.1. Privacy Policy

We will handle any personal data provided by you in accordance with our Privacy Policy, which is incorporated by reference into this Agreement.

4.2. Email Tracking

Our email campaigns may use tracking technologies such as web beacons, pixels, and other similar technologies to automatically collect certain information such as your IP address, browser type and version, and email engagement statistics.

4.3. Email Opt-out

If you wish to unsubscribe from our email campaigns, please click on the Unsubscribe link at the bottom of any marketing email sent from us.

4.4. SMS Provider

We use SignalHouse as our SMS service provider. SignalHouse acts only as a service processor on our behalf. By using our SMS services, you agree to comply with all applicable US laws and regulations regarding text messaging, including but not limited to the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.

4.5. SMS & Mobile Information Use

We collect mobile phone numbers only when a user voluntarily provides them to receive communications related to their inquiry, including service updates, estimates, scheduling, follow-up messages and post job review requests. Mobile phone numbers, messaging data, and SMS consent are used solely to provide these requested communications.

We do not sell, rent, license, share, or transfer mobile phone numbers, messaging data, or SMS consent to third parties or affiliates for any marketing or promotional purposes. SMS consent is not shared with third parties.

4.6. SMS Opt-out

If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. You may receive a confirmation message after opting out. Standard message and data rates may apply. Opting out of SMS does not affect your ability to receive email or other forms of communication unless explicitly requested.

4.7. Missed Call SMS Notifications and Lead Qualification

• If you call our business and we are unable to answer, we may send you an automated text message notifying you of the missed call and offering further assistance.
• If you wish to continue the conversation via text, you may reply YES to opt-in. Once opted in, we may ask a series of questions to help qualify your inquiry.
• You can opt out of receiving text messages at any time by replying STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any message from us.
• Standard message and data rates may apply.

4.8. SMS Data Retention and Processing

• When you reply YES to an SMS from us, we may collect and store your responses to qualify your inquiry and provide relevant assistance.
• This data is processed and retained for 12 months, unless a longer retention period is required by law or necessary for legitimate business purposes.
• We do not share or sell this data to third parties.

4.9. SMS Compliance

• By using our SMS services, you acknowledge that you are providing express written consent to receive text messages from us.
• We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and the CTIA Messaging Principles and Best Practices.
• We reserve the right to modify or terminate SMS services at any time.

4.9.1. Customer Messaging Compliance

The Service provided by ZeroMiss Local will maintain all notices, disclosures, and consents required by applicable law before any message is sent. You shall not use the Service to send text messages, initiate SMS conversations, or enable AI-assisted SMS replies to your leads or customers indepdendent of control of the Service.

This includes compliance with the TCPA, applicable state privacy and telemarketing laws, carrier and aggregator requirements, and CTIA guidelines.

You, and not ZeroMiss Local, decide whether a person is contacted, when a message is sent, what content is sent, and what consent standard applies. For those messages, you are the sender and initiator for legal and compliance purposes, and ZeroMiss Local is a software provider acting at your direction.

4.9.2. Your Responsibilities for Outbound Messaging

You are solely responsible for:

• Determining whether a lead or customer may lawfully be contacted by text, whether manually, automatically, or with AI assistance
• Maintaining records of consent and any supporting disclosures or opt-in flows
• Honoring STOP, opt-out, do-not-contact, reassigned-number, and wrong party signals
• Ensuring message content, timing, targeting, and frequency comply with applicable law and carrier rules
• Stopping messages to numbers you know or should know are reassigned, invalid, or associated with the wrong person

4.9.3. Telemarketing and Advertising Messages

If your texts contain advertising, marketing, solicitation, or telemarketing content, you are solely responsible for determining whether prior express written consent or any additional disclosures are required before sending those messages and for obtaining them before the first message is sent.

4.9.4. No Legal Advice

ZeroMiss Local provides software tools only and does not provide legal advice. Features such as consent checkboxes, opt-out language, message templates, AI suggestions, or compliance-related settings are provided for convenience only and do not replace your obligation to obtain legal advice and ensure lawful use of the Service.

Carrier approval, 10DLC registration, message deliverability, use of suggested templates, or the availability of any compliance-related feature does not mean your messaging practices are lawful or approved for your particular use case.

4.9.5. Suspension for Messaging Risk

We may suspend, limit, or terminate messaging features or accounts if we believe your use of the Service creates legal, carrier, spam, fraud, or deliverability risk for us, our providers, or other customers.

We are not liable for message blocking, filtering, surcharging, throttling, registration delays, or other enforcement actions taken by carriers, aggregators, marketplaces, or service providers in response to your messaging activity or risk profile.

4.10. AI Voicemail Service

4.10.1. Service Agreement

By using our AI voicemail service, you acknowledge and agree that:

• Voicemails left by your leads will be recorded, transcribed, and processed by our AI systems
• Our AI may generate and send automated responses based on voicemail content
• You are responsible for informing your leads that their voicemails may be processed by AI
• You will obtain any necessary consents from your leads for voicemail processing
• You will not use the voicemail service for any unlawful or prohibited purpose

4.10.2. Service Limitations

• We do not guarantee 100% accuracy in voicemail transcription or AI interpretation
• Response times may vary based on system load and complexity of the voicemail
• The service may be temporarily unavailable for maintenance or updates
• We reserve the right to modify or discontinue the voicemail service at any time

4.10.3. Compliance Requirements

You agree to:

• Comply with all applicable laws regarding voice recording and processing
• Maintain appropriate privacy notices and consent mechanisms
• Not submit voicemails containing sensitive personal information
• Inform leads about the automated nature of the service

4.11. AI Voice Inbound Call Handler

When you enable the AI Voice Inbound Call Handler, all inbound calls are automatically recorded and transcribed so the AI can function as a live answering service.

Recordings and transcripts are delivered to the account owner via the dashboard and are retained for up to 12 months unless a longer period is required by law.

You must inform callers that the call is being recorded and obtain any consent required under federal or state call-recording laws.

We do not guarantee transcription accuracy and are not liable for losses arising from transcription errors or delayed delivery of records.

4.11.1. AI Disclosure and Jurisdiction-Specific Compliance

You are solely responsible for understanding and complying with all federal, state, provincial, local, industry-specific, and other laws, regulations, or rules that apply to your use of AI, automated calling, recorded conversations, and AI-assisted customer communications in each jurisdiction where you operate or where your callers are located.

This includes any law or rule that requires disclosure, consent, or special notice when a person is interacting with an AI system, automated system, recorded line, or AI-assisted representative, including laws in certain jurisdictions that may require callers to be informed that they are speaking with AI.

You, and not ZeroMiss Local, are responsible for determining what notices, scripts, prompts, caller disclosures, opt-ins, or operational controls are required for your specific use case and geography before enabling or using AI voice features.

4.13. End-User Data & Consent

"End Users" means any natural person who calls, texts, or otherwise interacts with numbers, widgets, or links provisioned through the Service.

You (the Customer) are the Data Controller for End-User content; we are a Data Processor / Service Provider acting on your documented instructions.

You must:

• Provide a legally-adequate privacy notice to each End User explaining that calls may be recorded, AI may process the content, and transcripts may be stored.
• Collect all consents required by call-recording, e-privacy, TCPA, CTIA, or similar laws before the interaction occurs.
• Honor all End-User requests to access, correct, or delete their data and promptly relay such requests to us if our assistance is needed.

End Users that proceed after being notified are deemed to have accepted these Terms as third-party beneficiaries but no privity of contract exists between Vital Shelter LLC (DBA ZeroMiss Local) and the End User.

4.13. Widget Analytics and Performance Monitoring

4.13.1. Analytics Collection

By implementing our widget on your website, you acknowledge and agree that we collect anonymized analytics data about widget loads and visitor sessions. This data includes referrer information, page titles, session identifiers, and basic interaction metrics.

4.13.2. Purpose and Limitations

The analytics data is used exclusively for:

• Measuring widget performance and load times
• Calculating click-through and conversion rates
• Providing you with aggregate usage reports
• Improving widget functionality and user experience

This data is never sold to third parties, is not used for advertising purposes, and is not linked to any personally identifiable information or Lead submission data.

4.13.3. Geographic Scope

Analytics data collection is limited to visitors accessing your website from the United States and Canada. Visitors from other geographic regions may not have their sessions tracked for analytics purposes.

4.13.4. Your Responsibilities

You agree to disclose in your own privacy policy that your website uses third-party analytics tools, including our widget analytics. You are responsible for obtaining any necessary consents from your website visitors for this analytics data collection where required by applicable law.

5. Fees and Payment

5.1. Payment Terms

The use of ZeroMiss Local may be subject to payment of applicable fees. You agree to pay all fees specified in accordance with the payment terms provided to you at the time of purchase.

5.2. Refund Policy

We offer a 30-day refund policy for eligible subscription fees to ensure your satisfaction with our service. If you are not satisfied with your subscription within the first 30 days, you may request a refund of your subscription fees. One-time onboarding, implementation, setup, or activation fees are non-refundable. To be eligible for a refund, you must meet the following criteria:

Refund Request Timeline: The refund request must be submitted within 30 calendar days from the date of your initial subscription purchase.

Account Eligibility: Refunds are only available to first-time subscribers. Renewals and subsequent purchases are not eligible for a refund.

Request Process: To request a refund, contact our support team at support@ZeroMisslocal.com with your account details and reason for the refund.

Please note:

• Refunds will be processed to the original payment method used at the time of purchase.
• One-time onboarding, implementation, setup, and activation fees are not refundable.
• Refund requests made after the 30-day window will not be considered.
• Abuse of the refund policy, as determined by our team, may result in account suspension.

5.3. Lead Overages

Subscribers must upgrade their plan to handle additional leads. Contact support@ZeroMisslocal.com to process the upgrade and onboarding process.

Upgrade pricing is published on the pricing page and may change with 30 days' notice.

5.4. Cancellation

The Service runs on a month-to-month basis.

You may cancel your subscription at any time by emailing us at support@ZeroMisslocal.com.

Upon cancellation, your service will remain active until the end of your current paid billing cycle. We do not issue partial refunds for mid-cycle cancellations.

6. Disclaimer of Warranties

6.1. As-Is Service

ZeroMiss Local is provided on an "as-is" and "as available" basis. We make no representations or warranties of any kind, whether express, implied, statutory, or otherwise, with respect to ZeroMiss Local.

7. Limitation of Liability

7.1. Liability Limits

In no event shall Vital Shelter LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, arising out of or in connection with this Agreement.

Without limiting the foregoing, Vital Shelter LLC is not liable for carrier filtering, blocking, surcharges, registration rejections, governmental inquiries, or messaging-related fines, penalties, or claims arising from your contacts, consent practices, message content, or targeting decisions.

8. Indemnification

8.1. User Indemnification

You agree to indemnify, defend, and hold harmless Vital Shelter LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of ZeroMiss Local.

8.2. End-User Claims

You agree to indemnify and hold us harmless from any claim, fine, or loss arising out of (i) your failure to obtain valid End-User consent, (ii) your misuse of call recordings or transcripts, or (iii) any allegation that your use of the Service violated End-User privacy or communications laws.

This indemnity includes claims, investigations, carrier or aggregator penalties, government fines, statutory damages, settlement amounts, and attorneys' fees arising from your texting, calling, AI-assisted messaging, consent practices, list sourcing, or failure to honor suppression or opt-out requests.

8.3. Survival

Your obligations under this Section 8 survive suspension, termination, or cancellation of the Service.

9. Governing Law

9.1. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Wisconsin, without regard to its conflict of law principles.

10. Amendments

10.1. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11. Miscellaneous

11.1. Entire Agreement

This Agreement constitutes the entire agreement between you and Vital Shelter LLC regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and representations, whether oral or written.