Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and TownRep LLC, an Illinois limited liability company (“we,” “our,” or “us”) governing your use of the TownRep platform and services (the “Services”). By creating an account or using the Services, you agree to these Terms.

1. The Services

The Services consist of tools for local service businesses, which may include:

• Generation and hosting of a business website, including AI-assisted content and design.
• Management of your online presence, including your Google Business Profile and social posts, where you connect them.
• A dedicated phone number with call answering, text messaging, and voicemail.
• A request pipeline, quoting, invoicing, and payment collection.

We may add, change, or remove features over time. Some features depend on third-party providers and on access you grant to connected accounts.

2. Your Account and Eligibility

You must be at least 18 years of age to open an account. You must provide accurate account information and keep it current. You are responsible for activity under your account and for keeping your credentials secure. You represent that you are authorised to enter into these Terms on behalf of your business.

• You confirm you’re 18 or older, can bind the business, and aren’t a restricted party under sanctions law.
• You’re responsible for everything done under your account and your team’s, and for keeping your devices and sign-in secure.

3. Your Business and Listing

You represent and warrant that you own or control the business and the Google Business Profile or other listing you connect, and that you have the right to publish the content you provide or authorise us to use. You are responsible for the accuracy of your business information.

4. Your Content and Ownership

You own the content you provide and the content generated for your business through the Services, and you may take your content and your domain with you if you leave. We grant you a licence to use the website templates and design system we provide for as long as you use the Services; that template and the underlying software remain ours. You grant us the licence needed to host, display, and operate your site and to provide the Services.

5. AI-Generated Content

The Services use artificial-intelligence tools to generate website copy, designs, and other output. AI output can be inaccurate, incomplete, or unsuitable. We make no warranty regarding the accuracy, reliability, or suitability of any output generated by the AI tools, and you are responsible for reviewing generated content before you publish or rely on it. You remain responsible for the content that appears on your site.

We use third-party model providers to deliver these features. Content processed through the Services — including your business information and the communications handled on your behalf — may be used by us and by those providers to develop, train, fine-tune, and improve artificial-intelligence and machine-learning models, under their terms and ours. Information we receive from a Google account you connect is excluded from this and is never used to train generalised or foundation models. See the Privacy Policy for the detail.

What you switch on is yours.

• Rep’s answers, call-backs, automatic replies, review replies, posts and follow-ups that you turn on are your business’s actions, as if you’d done each one yourself.
• AI can be wrong, so review what you can.
• Something already queued may still finish after you pause it.
• Don’t use the Services to make decisions with a legal or similarly significant effect on someone.

6. Messaging and Calling

You’re the sender and the caller.

• Every text, email and call the Services send or answer for your business is yours, under the laws that govern them: TCPA, CAN-SPAM, state telemarketing and recording laws, and carrier and CTIA rules.
• We carry them out on your instructions and your settings. We’re not your agent, and we don’t review your messages before they go.

Consent is yours to get and keep.

• Before you switch on anything that contacts people automatically, you must have the consent or legal basis it needs: call-backs, missed-call texts, follow-ups and review requests.
• You must give the notices your laws require, recording notices included where every party must agree.
• You must honour opt-outs and keep your own do-not-contact list.
• Our consent block, opt-out handling, quiet hours and the AI notice at the start of every call help you. They don’t replace your own compliance. A check we run passing doesn’t make a message lawful.

Your numbers and registrations.

• We register your business with carriers using what you tell us, and you confirm that it’s true and stays true: your business details, your listing, and your use of the number.
• Fines, carrier fees and suspensions that come from your messages or your information are yours.

Messages and calls we send on your behalf are transactional and informational only — sent in response to requests the consumer initiated through your site. The Services may not be used for promotional or marketing messages, mass texting, drip campaigns, or any outbound campaign to people who did not contact you. You are responsible for the consumers you communicate with and for the content of your messages.

Where you switch on phone answering, calls to your number may be answered by an automated assistant, and where you switch on call-back, that assistant may return a call to someone who submitted your form. Those calls are placed or answered using AI and may be recorded and transcribed. Every such call opens by saying so, before anything else is said — that notice is part of the Services and is not editable. It is disclosed again in the consent block on your site and in the Customer Privacy Policy your site links to.

Those calls, and test calls you place to your assistant, are handled by our voice-AI provider, which keeps its own record of each call — its transcript and summary, the phone number the call was made from or to, and the recording where recording is on — under its own retention practices. When a call is deleted, whether by you or because a customer asked, we delete our copy and ask the provider to delete its copy; the provider may keep its copy for a period under its own retention practices.

Texting registration. US mobile carriers carry texts from a business only once it is registered with them (A2P 10DLC). Texting from your number runs on that registration, made in your business’s name through our communications provider and reviewed by the carriers; until it is approved, the Services do not text your customers from your number. The type of registration sets the carriers’ daily and per-second limits:

• Low volume (a business with an EIN): up to 2,000 texts a day to T-Mobile customers (about 6,000 a day across US carriers), and 1.25 texts a second to each of AT&T, T-Mobile and Verizon.
• Sole proprietor (no EIN): up to 1,000 texts a day to T-Mobile customers (about 3,000 a day across US carriers), 1 a second to each of T-Mobile and Verizon, and 15 a minute to AT&T.
• Standard: limits the carriers set from a trust score they give your business.

These limits are the carriers’, not ours, and they may change them. A text past the per-second rate waits in our provider’s queue and goes in its turn; if that queue is full, the text is held and tried again after a wait that grows each time, and if it still cannot go after about eight hours it is not sent and we tell you. A text to a T-Mobile customer past the daily limit is refused by the carrier; we hold it and send it at 8am the next day in that customer’s time zone (the carriers’ day resets at midnight Pacific), and we email you the first time it happens that day. Any text we hold for later goes only between 8am and 9pm in the customer’s time zone, and is not sent if, before it goes, the customer replies STOP, you reply to them yourself, or you close or delete their lead. Moving a registration from low volume to standard is done by us, through our provider, and involves a further review by the carriers. It costs what the carriers and our provider charge for it, passed on to you at cost: $56.50 once ($41.50 for the carriers' further review of the business and $15 for the review of its standard campaign), and $8.50 a month more. Each one-time fee goes on your next bill once it has been charged to us, and is not refunded if the review is not passed. The monthly difference is on your monthly bill from the month your standard registration is approved.

Business types carriers refuse. Carriers refuse texting for some types of business, whatever the messages say. Our communications provider lists these categories as forbidden for texting in the US and Canada (https://help.twilio.com/articles/360045004974):

• High-risk financial services
• Third-party lead generation services and marketing
• Debt collection or forgiveness
• “Get rich quick” schemes
• Illegal substances/articles
• Prescription drugs
• Gambling
• Phishing
• “S.H.A.F.T.” use cases and electronic smoking devices
• Academic Fraud

The wireless industry’s own guidelines (CTIA) list SHAFT (sex, hate, alcohol, firearms, or tobacco), gambling, and sweepstakes and contests as content that is either explicitly prohibited or has additional carrier requirements.

Telephone and messaging functionality is provided by an underlying third-party communications provider, and your use of it is also subject to that provider’s terms, currently available at https://www.twilio.com/legal/tos.

7. Plans and Credits

Each plan is billed monthly and includes an amount of each of the following every billing period, which starts again on your billing date; what a period includes and is not used does not carry over:

• Part-time, $99 a month: 100 AI calls, 1,000 minutes of calls you answer, 1,000 texts to your customers, 100 AI work units, 1,000 answers from the assistant in your chats, and up to 2 calls the assistant takes at once.
• Full-time, $249.99 a month: 300 AI calls, 2,500 minutes of calls you answer, 2,500 texts to your customers, 500 AI work units, 2,500 answers from the assistant in your chats, and up to 3 calls the assistant takes at once.

An AI call is a call the assistant answers or places. It counts once for every 5 minutes or part of it: a 6-minute call counts as 2. Calls you answer count by the minute, each rounded up to the next whole minute. Texts count one for each message sent to a customer; texts your customers send you, and the alerts we send you about your business, are included. AI work counts each piece published: a blog post uses 5 units, and a social or Google post, a review reply, a town page or a showcase 1 each. Calls our spam screen stops before the assistant answers are never counted. Your business number, its texting registration and campaign, voicemail and the missed-call text are included in every plan, as are the other small fees our providers charge us, such as caller-name lookups and failed texts.

Past what your plan includes, each use takes its own credits from your balance, once the use has happened. Credits are worth about $2 per hundred. Past your plan, an AI call takes 50 credits for each 5 minutes or part of it, a minute of a call you answer 5, a text 3 (each message, whatever its length), an AI work unit 50, and an answer from the assistant in your chats 0.2.

You buy credits from your card in amounts of $10, $20, $50 or $100, or another amount from $10 to $2,000; $10 buys 500 credits. Unless you turn it off, auto-recharge tops your credits up from your card on file, to the amount you choose, when they run out and a use past your plan needs more. It does not charge at any other time, and your backup card is used if that card is declined. Any payment first covers whatever is owed for use past your plan; only what is left adds to your credits. Credits do not expire. You can use them while your plan is paid. If your plan ends, they stay on your account and work again once a plan is paid.

When auto-recharge is off and your credits are out, or your card is declined, use past your plan waits until you add credits, or update your card if it was declined: past your AI calls, calls ring your phone as you choose, then go to voicemail with the missed-call text; past your own minutes, calls stop ringing your phone, while voicemail and the missed-call text still work; texts, AI work and chats wait. What your plan still includes keeps working, and nothing already under way is cut off. A use already under way may leave a small amount owed, which your next credits cover first.

Credits can be used only on your account. They cannot be withdrawn or transferred and, except where required by law, are not refunded.

8. Acceptable Use

You agree not to:

• Resell or bundle the Services as part of your own offering to a third party.
• Use the Services for unlawful, deceptive, or infringing content, or to send malware.
• Reverse engineer, scrape, or attempt to build a competing product from the Services.
• Interfere with or disrupt the Services or attempt to bypass usage limits or security.

9. Consumer Data You Handle

You are the business your customers are contacting. You represent that you have all necessary rights and consents to collect and use the personal information of the people who contact you through your site, and you will comply with applicable privacy and communications laws. We process that information as described in our Customer Privacy Policy.

• You let TownRep use the information that passes through your account to run, improve and personalize TownRep, to keep it safe, and to build new products and features, including training our own AI.
• TownRep never sells that information.
• You’re responsible for the consents and notices your own customers need.

The Services are not for health information. Do not transmit, receive or store protected health information (as defined by the Health Insurance Portability and Accountability Act, “HIPAA”) through the Services, and do not collect it through your site, your number or your assistant. We are not your business associate under HIPAA.

10. Fees and Payment

You agree to pay the fees for your plan and the credits you buy. Plans are billed in advance, monthly. A move to a bigger plan applies at once: you pay the difference for the rest of the billing period, and its bigger amounts are yours from then. A move to a smaller plan applies from your next billing date. Except where required by law, fees and credits are non-refundable.

• We charge the payment method on file, auto-recharge included, as your plan and settings say.
• Taxes are yours.
• Price changes come with 30 days’ notice.
• Before disputing a charge with your bank, contact us. A chargeback on a properly billed charge is a material breach: the amount, the bank’s fee and our costs stay owed.
• Bought credits never expire, and they have no cash value.

We email you about your account and your payments, and our payment provider, Stripe, sends some of these for us. They’re part of the Services, so they can’t be turned off while you have an account.

11. Payments You Collect

• When you take a payment from your customer through TownRep, you’re the seller and the merchant of record: the charge, the refund, the dispute and the receipt are yours.
• We provide the tools through Stripe, and we’re not a party to your sale.

12. Suspension and Termination

You may stop using the Services at any time. We may suspend or terminate the Services for breach of these Terms, non-payment, or misuse. On termination you may export your content and take your domain.

• We may suspend when complaints, opt-outs or spam reports run high, when a carrier or platform flags your account, or when payment fails.
• Your plan’s fees continue during a suspension you caused.
• We may end the Services for convenience on 30 days’ notice, or at once for a serious or repeated breach.
• You keep the right to export your content and take your domain.

13. Copies of Your Data

We back up the Services, but they aren’t a backup service for you. Keep your own copies of what you need.

14. You cover us for claims about your use

• You’ll defend TownRep and pay what results from any claim by a customer of yours, a regulator, a carrier or a platform such as Google or Meta, when it comes from:
  • your use of the Services;
  • your messages, calls or content;
  • the data you collect;
  • what you claim about your business or listing;
  • your breaking these Terms.
• That includes damages, fines, penalties, settlements, lawyers’ fees, and our cost of answering a regulator.
• We control the defence, and you help.

15. Disclaimers and Limitation of Liability

The Services are provided “as is” without warranties of any kind, to the fullest extent permitted by law.

No guarantees.

• We don’t promise answered calls, leads, bookings, reviews, rankings, message delivery or uptime.
• Carriers, AI providers, Google, Meta and our other providers can fail or act against an account, and that’s outside our control (force majeure includes it).
• Nothing in the Services is legal, compliance or tax advice.

Liability.

• Neither of us is liable for indirect or consequential losses: lost profits or revenue, lost data, a lost number or registration, or missed calls, leads or bookings.
• Our total liability stays capped at what you paid us in the 12 months before the claim.
• The cap doesn’t limit what you owe us: your fees, your obligations under section 14, and any breach of Acceptable Use (section 8) or of the parts headed “You’re the sender and the caller”, “Consent is yours to get and keep”, “Your numbers and registrations” and “What you switch on is yours”.

16. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules.

17. Disputes

• First: tell us, and we’ll both try for 30 days to settle it.
• Then: binding arbitration, individually. It’s held under the AAA’s commercial rules for businesses, with Illinois law.
• No class actions and no jury, and no claims joined together.
• Small claims court stays open to either side, and either of us can ask a court to stop misuse of the Services.
• A claim must be brought within 2 years.

18. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will provide notice. Your continued use of the Services after a change takes effect means you accept the updated Terms. When a change needs your agreement, we ask you to accept the new version before you go on using the Services.

19. Contact

Questions about these Terms can be sent to devin@townrep.com, or by mail to TownRep LLC, 245 New Douglas Ave, Sorento, IL 62086.