NoMissedJobs Terms of Service

Effective date: [EFFECTIVE DATE]
Provider: [LEGAL ENTITY], operating as NoMissedJobs ("NoMissedJobs", "we", "us"), [MAILING ADDRESS], hello@nomissedjobs.ca.

1. The agreement

1.1 These Terms are a contract between NoMissedJobs and the business that signs up (the "Customer", "you"). You accept them by creating an account, paying, or using the service.

1.2 Business use only. The service is for businesses, not personal or household use. The person accepting these Terms confirms they have authority to bind the Customer.

1.3 These Terms include the plan and price you choose (Schedule A) and our Privacy Policy.

2. Definitions

• Service: NoMissedJobs' AI phone answering, triage, booking, messaging, dashboard and related features, as described in section 3.
• End Caller: anyone who calls or texts your NoMissedJobs number or your forwarded number.
• Customer Data: information you or your End Callers provide through the Service, including recordings, transcripts, messages, appointments and invoice drafts.
• Minutes: the time the Service's AI receptionist spends on inbound calls to your business, measured by the second [from when the Service answers until the call ends, or until the call is transferred to your on-call contact: founder to confirm]. These don't use Minutes:
  • calls that last less than 20 seconds;
  • spam or robocalls identified by the Service or marked by you;
  • calls received while you have the Service in message-only mode or switched off, which the AI receptionist doesn't answer;
  • setup test calls before your Go-Live Date.
• Included Minutes: the Minutes included in your plan each Usage Month (Schedule A).
• Overage: Minutes beyond your Included Minutes in a Usage Month.
• Usage Month: each calendar month, Alberta time [founder to confirm; the Service's minutes meter counts this way].
• Billing Period: each monthly period starting on your subscription date.
• Go-Live Date: the day your calls first reach the Service after setup and test calls pass.
• Founding Plan: the Founding 25 terms in Schedule A.

3. The Service

3.1 What it does. The Service:

• answers calls 24/7 with an AI voice (a primary AI voice provider, with an automatic backup provider);
• asks trade-specific questions and assesses urgency;
• for emergencies under your rules, texts your on-call contact and can connect the caller to them;
• gives basic safety guidance, such as telling callers to contact 911 or the gas utility;
• checks the caller's address against your service area by Alberta postal code;
• books appointments into the Service's schedule, which can sync to your Google Calendar, and prevents double-booking within that schedule;
• texts booking confirmations (with an option to cancel by reply) and reminders 24 hours and 2 hours before;
• texts callers who hang up before booking, and accepts photos by text;
• prepares GST invoice drafts;
• provides a web dashboard with recordings and transcripts;
• offers a message-only mode and an off switch.

3.2 What it doesn't do.

• It doesn't offer: French-language answering; integration with Jobber, Housecall Pro, ServiceTitan or QuickBooks; card payment collection; or live human answering or backup.
• Any feature not described in section 3.1 isn't part of the Service unless we agree in writing.

3.3 Numbers. We provide a local Alberta number (area code 403, 587, 780 or 825, subject to availability), or you forward your existing number to the NoMissedJobs number we assign.

3.4 Changes. We may improve or change the Service. We won't materially reduce core features of your plan during a paid Billing Period without notice. If a change materially harms you, you may cancel under section 13.

4. Not an emergency service

4.1 NoMissedJobs is not a 911 or emergency service.

• The assistant may tell callers to contact 911 or a utility, but it doesn't contact emergency services, dispatch help, or monitor situations.
• Alerts to your on-call contacts depend on phone networks and third-party providers, and may be delayed or fail.

4.2 You are responsible for your own emergency response, including having someone reachable when your rules say to wake a person, and for how you respond to any call or alert.

5. AI limitations and your responsibilities

5.1 The AI can make mistakes. It may mishear, misunderstand, mis-transcribe, misclassify urgency, or book or fail to book an appointment. We don't guarantee that every call will be answered, that any call will result in a booking, or any level of revenue. The only exception is the Founding guarantee in section 12.

5.2 Your settings. You're responsible for keeping these accurate and current:

• business name and greeting name;
• hours, holidays and blackout dates;
• service area postal codes;
• services and durations;
• technicians and on-call numbers;
• emergency rules;
• fees the assistant may mention.

The assistant relies on them.

5.3 Your review. You'll review bookings, messages and alerts through the dashboard and texts. You're responsible for the work you perform, your prices, licences and permits, and your communications with your customers.

5.4 Testing. We'll run test calls with you before go-live. Tell us promptly if something doesn't work as expected.

5.5 Your accounts. Keep your login credentials secure. You're responsible for activity under your account, and for making sure your staff follow these Terms.

6. Phone numbers and forwarding

6.1 Assigned numbers. A number we assign is provided through our telecommunications provider and remains subject to that provider's rules. While you're a customer in good standing, the number is dedicated to your business.

6.2 Porting out. If you cancel, we'll make reasonable efforts to help you port an assigned number to another provider, subject to carrier rules and payment of amounts owed. Tell us before your last Billing Period ends. Otherwise the number may be released after [30] days [founder to confirm].

6.3 Forwarding. If you forward an existing number to the Service:

• your carrier's call forwarding charges are your responsibility;
• you're responsible for removing forwarding when you cancel.

6.4 Networks. Calls and texts pass through third-party networks. We aren't responsible for carrier outages, delays, caller ID limitations or message filtering outside our control.

7. Recording, AI notice and privacy: your obligations

7.1 Roles. For End Caller personal information, you are the organization responsible under applicable privacy law (including PIPEDA and Alberta's PIPA). We are your service provider, and we process that information on your behalf under section 9.

7.2 Notices. The Service plays a notice at the start of every call: callers are speaking with your AI assistant, and the call is recorded and transcribed to handle their request.

• You won't ask us to remove or shorten that notice in a way that makes it misleading or legally insufficient.

• You'll keep a privacy notice on your website and other customer-facing materials that describes:

  • AI answering and call recording;
  • the purposes;
  • retention;
  • that service providers outside Canada (mainly in the United States) process information, and how people can get more information about that;
  • a contact person or title for privacy questions.

  Suggested wording is in our notices guide.

7.3 Consents and requests. You're responsible for:

• obtaining any consent you need;
• responding to access and correction requests from your customers (we'll help, section 9.5);
• deciding how long to keep recordings (default 90 days; you can choose 30–365 days).

7.4 Lawful use. You won't use the Service to record or process information unlawfully, or for any purpose other than handling calls and messages from people contacting your business.

8. Text messages and anti-spam law

8.1 Transactional texts only. The Service sends texts relating to calls, appointments and your account:

• confirmations and reminders;
• follow-ups to missed calls;
• photo requests;
• alerts to your staff, including the usage alerts in section 11.2.

8.2 No promotions. You won't use the Service to send promotional or marketing messages (for example seasonal tune-up offers) to End Callers. You're responsible for complying with Canada's Anti-Spam Legislation (CASL) for any messages you send yourself.

8.3 Identification and opt-out. Texts to End Callers identify your business and end with "Reply STOP to opt out". Once enabled, they also link to a page with your contact information (nomissedjobs.ca/i/{your business}). We honour STOP and similar opt-out replies automatically. You won't try to message people who have opted out.

8.4 Alerts to your staff. If you or your staff reply STOP to alert texts, alerts to that phone may be blocked until you reply START.

9. Service-provider terms (data processing)

9.1 Instructions. We process Customer Data only:

• to provide and support the Service;
• as you instruct through your settings and these Terms;
• as required by law.

9.2 Confidentiality. Our personnel and contractors with access to Customer Data are bound by confidentiality obligations. Access is limited to what's needed.

9.3 Safeguards. We maintain reasonable administrative, technical and physical safeguards appropriate to the sensitivity of the information (see our Privacy Policy).

9.4 Subprocessors. You authorize our use of the subprocessors listed in our Privacy Policy, including providers in the United States for telephony, texting and AI voice processing, and Google Cloud hosting in Canada [confirm].

• We'll give at least [30] days' notice of a new subprocessor.
• If you object on reasonable privacy grounds, you may cancel without penalty before the change takes effect.
• We're responsible for our subprocessors' handling of Customer Data as required by law.

9.5 Assistance. We'll help you respond to access and correction requests and privacy complaints about Customer Data within the legal time limits: 30 days under PIPEDA, 45 days under PIPA. We'll forward any request we receive directly.

9.6 Breaches. We'll notify you without undue delay, and within [72] hours of confirming a breach of security safeguards involving your Customer Data [founder to confirm]. We'll include the information reasonably available to help you assess and meet your obligations, including notifying regulators and individuals where required.

9.7 Legal requests. If a government authority or court demands Customer Data, we'll notify you before disclosing it unless the law prohibits notice. We'll disclose only what's legally required.

9.8 Return and deletion. On cancellation:

• you may export your Customer Data from the dashboard, or ask us for an export, for [30] days;
• we then delete it within [60] days, except where the law requires us to keep it;
• backups are overwritten on a rolling basis.

9.9 Records. On reasonable request, no more than once a year, we'll give you information reasonably needed to show our compliance with this section.

10. Acceptable use

You won't, and won't let anyone else:

• use the Service for anything unlawful, deceptive or harassing, including telemarketing, robocalling or unsolicited messages;
• use the Service for emergency dispatch, medical triage or other high-risk purposes beyond ordinary trade-service calls;
• impersonate another business or person, or tell callers the assistant is a human;
• interfere with, overload, probe or reverse-engineer the Service, or access it by automated means except through features we provide;
• resell the Service without our written consent;
• upload malware or content that infringes others' rights.

We may suspend the Service immediately to stop a serious violation, a security threat, or conduct that could harm End Callers, us or third parties. We'll tell you why and restore the Service once the issue is resolved.

11. Fees, overage, taxes and payment

11.1 Plans. Fees, Included Minutes and the Overage rate are in Schedule A.

• Fees are in Canadian dollars and exclude taxes.
• Base fees are billed monthly in advance. Overage for a Usage Month is billed in arrears, on your next invoice.
• Unused Included Minutes don't carry over to the next Usage Month.

11.2 Overage, usage alerts and an optional ceiling.

• Overage is charged at C$0.25 per Minute, measured by the second.
• We'll text your alert number(s) when you reach 80% and 100% of your Included Minutes in a Usage Month.
• You may switch the Service to message-only mode at any time. Calls in message-only mode don't use Minutes.
• [You may set a monthly dollar ceiling on Overage. When it's reached, the Service switches to message-only mode for the rest of that Usage Month, at no additional charge. Founder to confirm; automatic switching isn't built yet.]

11.3 Texts. Texts are included within fair use. We may contact you about moving to a different plan if your use substantially exceeds [500 text segments a month] [founder to confirm].

11.4 Taxes. We add GST at 5% for Customers in Alberta, and the applicable GST/HST for Customers elsewhere in Canada. Our GST registration number appears on invoices.

11.5 Payment.

• Payment is by card or another method we accept, processed by Stripe. You authorize recurring charges.
• If a payment fails, we'll notify you. If it isn't resolved within [7] days we may suspend the Service; we'll give notice before suspending.

11.6 No setup fee, no long-term contract. There is no setup fee. Plans are month-to-month unless you choose otherwise in writing.

11.7 Price changes.

• We may change prices on at least [30] days' notice, effective at your next Billing Period after the notice period.
• The Founding Plan's monthly fee (C$59) is locked for 12 months from your Go-Live Date while your subscription stays active [whether the lock also covers the Included Minutes and Overage rate: founder to confirm]. After that, the then-current price applies on 30 days' notice.

12. Founding guarantee [founder to confirm]

12.1 The guarantee. For Founding Plan Customers: if the Service doesn't book at least one real appointment for your business in the first 30 days after your Go-Live Date, we'll refund your first month's base fee, including GST.

12.2 "Real appointment" means an appointment booked by the Service, by phone or text, for a genuine caller in your service area. Test calls and appointments you enter yourself don't count.

12.3 Conditions. The guarantee applies only if:

• your calls reached the Service throughout the 30 days, with forwarding set up as agreed (at least for unanswered or after-hours calls);
• booking mode was on for most of that period;
• your schedule had open time slots.

12.4 How to claim. Email hello@nomissedjobs.ca within 14 days after day 30. We'll refund to the original payment method within 10 business days.

• One refund per business.
• The guarantee doesn't cover Overage.

13. Term, cancellation, suspension and termination

13.1 Cancel anytime.

• You may cancel from your billing portal or by emailing us. Cancellation takes effect at the end of your current Billing Period.
• We don't refund partial periods, except under section 12 or where the law requires.

13.2 Our termination. We may terminate:

• on [30] days' notice for any reason, refunding any prepaid fees for the period after termination; or
• immediately if you materially breach these Terms and don't fix the breach within [10] days of notice (or immediately for serious violations under section 10).

13.3 Effect. When the Service ends:

• we stop answering calls to your NoMissedJobs number;
• you must remove any call forwarding to that number;
• sections 9.8, 11 (amounts owed), 14–19 and anything else that by its nature should survive, continue.

14. Your data and our data

14.1 Your Customer Data is yours.

• You grant us a limited licence to use it only to provide, secure and support the Service, and as described in our Privacy Policy.
• We may create de-identified, aggregated data (for example call volumes and durations) that doesn't identify you or any individual, and use it to operate and improve the Service.

14.2 We don't sell Customer Data. We don't use End Caller information for our own marketing.

14.3 Feedback. If you give us suggestions, we may use them without obligation to you.

15. Third-party services

The Service relies on third parties, including telecommunications carriers, AI voice providers, Google (hosting and, if you connect it, Google Calendar) and Stripe.

• Your use of Google Calendar with the Service is also subject to Google's terms.
• We're not responsible for third-party services' outages or changes beyond our reasonable control. We'll use reasonable efforts to work around them, including automatic failover between AI voice providers.

16. Confidentiality

Each party will protect the other's non-public business information with reasonable care, and use it only for this agreement. This doesn't apply to information that is public, already known, independently developed, or that must be disclosed by law (with notice where allowed).

17. Warranties and disclaimers

17.1 We'll provide the Service with reasonable skill and care.

17.2 Otherwise the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties and conditions, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

17.3 We don't warrant that the Service will be uninterrupted or error-free, that every call will be answered or correctly handled, or that any call will result in a booking or revenue.

18. Limitation of liability

18.1 Cap. Each party's total liability arising out of or relating to these Terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim [lawyer to confirm the cap].

18.2 Excluded losses. Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, jobs, bookings, business opportunities or goodwill, including losses from missed, misrouted, delayed or incorrectly handled calls, texts or alerts, even if advised of the possibility.

18.3 Carve-outs. The limits in 18.1 and 18.2 don't apply to:

• your payment obligations;
• your indemnity in section 19;
• liability that can't be limited by law, including for fraud, or wilful or reckless misconduct.

19. Your indemnity

You'll defend and indemnify NoMissedJobs against third-party claims arising from:

• your services, pricing or work;
• your failure to give required notices or obtain required consents;
• your settings or instructions;
• your breach of sections 7, 8 or 10.

We'll give you prompt notice of any claim and reasonable cooperation.

20. General

20.1 Governing law. These Terms are governed by the laws of Alberta and the federal laws of Canada that apply there. The courts of Alberta, sitting in Calgary, have exclusive jurisdiction [founder to confirm Calgary vs Edmonton].

20.2 Changes to these Terms. We may update these Terms. We'll give at least [30] days' notice of material changes by email or in the dashboard. If you don't agree, you may cancel before the changes take effect.

20.3 Notices. We'll send notices to your account email. Send notices to hello@nomissedjobs.ca and [MAILING ADDRESS].

20.4 Assignment. You may not assign these Terms without our consent. We may assign them to a successor in a merger, acquisition or sale of our business, with notice.

20.5 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including carrier or cloud outages, severe weather, power failures or acts of government. Payment obligations are excluded.

20.6 Entire agreement. These Terms (with Schedule A and our Privacy Policy) are the entire agreement and replace prior discussions.

20.7 Other. If any provision is unenforceable, the rest remains in effect. Failure to enforce a right isn't a waiver. We're independent contractors. These Terms are in English, and the parties want it that way.

21. Contact

hello@nomissedjobs.ca · [LEGAL ENTITY] · [MAILING ADDRESS]

Schedule A: Plans and fees (CAD, before GST)

No setup fee. Calls under 20 seconds, spam, calls in message-only or off mode, and setup test calls before your Go-Live Date don't use Minutes (section 2).