Terms of Service — Second Shift Systems

These Terms of Service ("Terms") govern your access to and use of the services provided by Second Shift Systems ("we", "us", "our"), including our AI receptionist, SMS appointment reminders, lead follow-up automation, and related websites and software (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Eligibility & Accounts

You must be at least 18 years old and authorized to bind your business to these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

2. The Service

We provide automation tools that send messages and engage with end-customers on behalf of our Clients. You are responsible for the accuracy of business information you provide and for ensuring that all communications sent through the Service comply with applicable law.

3. Acceptable Use

You agree not to use the Service to:

Send unsolicited messages, spam, or content that violates TCPA, CAN-SPAM, CASL, or similar laws.
Send misleading, fraudulent, harassing, or unlawful content.
Contact recipients who have not provided consent or who have opted out.
Reverse engineer, resell, or attempt to gain unauthorized access to the Service.

4. SMS & Messaging Compliance

You represent that you have obtained all required consents from recipients before sending SMS or email through the Service. You are solely responsible for honoring opt-out requests (including STOP replies) and for maintaining records of consent. We may suspend messaging at any time to protect the integrity of our messaging providers.

5. Fees & Payment

Fees for setup and recurring service are described in your order or proposal. Recurring fees are billed monthly in advance and are non-refundable except as required by law. Late payments may result in suspension of the Service.

6. AI-Generated Content

The Service uses third-party AI models to generate responses. AI output may be inaccurate or incomplete. You are responsible for reviewing AI-generated communications where accuracy is critical (e.g., pricing quotes, legal or medical information).

7. Intellectual Property

We retain all rights, title, and interest in the Service, including software, templates, and documentation. You retain ownership of your business data and customer information. You grant us a limited license to use your data solely to provide and improve the Service.

8. Termination

You may cancel at any time with 30 days' written notice. We may suspend or terminate your account immediately for breach of these Terms, non-payment, or activity that risks harm to recipients or our service providers.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that the Service will be uninterrupted, error-free, or that messages will always be delivered.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11. Indemnification

You agree to indemnify and hold us harmless from any claim arising out of your use of the Service, your content, or your violation of these Terms or applicable law — including claims related to messages sent without proper consent.

12. Changes to These Terms

We may update these Terms from time to time. The "Effective Date" reflects the latest revision. Continued use of the Service after changes constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of the United States and the state in which Second Shift Systems is organized, without regard to conflict-of-law principles.

14. Contact

Questions about these Terms? Contact us at hello@secondshiftsystems.com.