Terms of Service

1. Agreement

By accessing or using https://zachicom.com (the "Site"), submitting forms on the Site, requesting a walkthrough, purchasing a subscription, or enrolling in any SMS messaging program we offer, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Site or enroll in our messaging programs.

2. Eligibility

The Site and platform services are intended for business users and adults (18+). You represent that you have authority to bind the business you represent when you submit business information, enter into a Customer Agreement, or purchase a subscription on its behalf.

3. Customer Agreement at sale (paid platform) — operational messaging to employees and end customers

When your company purchases Zachicom's platform services, an owner or other authorized signatory for your business will enter into Zachicom's Customer Agreement (either by accepting these Terms at checkout or by executing a separately signed agreement, as applicable). Among other terms, that agreement authorizes Zachicom to send SMS and similar operational messages on your company's behalf to telephone numbers you provide, including numbers you designate for employees, for purposes tied to the service (for example scheduling, dispatch, job updates, crew coordination, and account notices), subject to applicable law and the Customer Agreement. You represent that you have the authority to agree to those terms for your business and that you will only supply numbers consistent with your policies and legal obligations toward your employees and other recipients. Employees who receive messages in this context should direct workplace questions to your management; privacy inquiries about Zachicom's handling of data may be directed to the contact email below.

The following disclosures apply to Zachicom operational SMS sent on behalf of customers to their employees and end customers under this agreement:

• Program: Zachicom Operational Messaging — job assignments, scheduling confirmations, dispatch notices, rescheduling and cancellation alerts, invoices, and account notices sent on behalf of Zachicom's business customers.
• Message frequency: Varies by job activity; recipients should expect up to a few messages per active job day. Message and data rates may apply.
• Opt-out: Reply STOP to stop receiving messages. Reply HELP for help or contact us at [email protected].
• Carriers are not liable for delayed or undelivered messages.
• Privacy: See our Privacy Policy.

4. Customer telephone numbers you import — TCPA consent and tenant liability

When you use Zachicom's platform to send automated SMS messages to your end customers — including by importing telephone numbers, syncing a contact list, or entering numbers through the dashboard or API — you represent and warrant that:

• Prior consent obtained. Each end customer whose number you provide has already given you their prior express written consent (or such other consent as the Telephone Consumer Protection Act (47 U.S.C. § 227), applicable FCC regulations, and any applicable state equivalents require for the specific message type) to receive automated messages at that number. You are not relying on Zachicom to obtain that consent on your behalf.
• Your liability, not ours. You are the "sender" and "initiator" under TCPA and all related laws. All TCPA liability for messages sent to your end customers rests solely with you. Zachicom is not liable for any TCPA violation, fine, or claim arising from messages transmitted at your direction to numbers you provided. Zachicom operates as a technology platform only and is not responsible for your consent-management practices or compliance with TCPA or any similar law.
• Indemnification. You will defend, indemnify, and hold harmless Zachicom and its officers, employees, and agents from any claim, penalty, fine, or proceeding brought by a regulator, recipient, or third party arising out of your failure to obtain or maintain proper consent for messages sent to numbers you provided.
• Opt-out and removal. If a recipient opts out or revokes consent, you are responsible for removing that number from future sends promptly and maintaining accurate consent records. Zachicom will honor STOP commands at the message-delivery level, but the obligation to track and honor revocations in your own records is yours alone.

5. SMS messaging program (marketing site and pre-sales — if you opt in)

If you provide a mobile number and consent to receive SMS messages from Zachicom as described at the point of collection on the marketing site or in pre-sales:

• Program description: Zachicom may send informational and service-related text messages about your inquiry, walkthrough, onboarding, account notices, and similar operational updates. Marketing content, if any, will only be sent where permitted and with appropriate consent.
• Message frequency: Up to 5 messages per month. Frequency may be lower depending on your inquiry status. Message and data rates may apply.
• Opt-out: Reply STOP to stop receiving messages at any time. Reply HELP for help.
• Support: Contact [email protected] for assistance.
• Carriers are not liable for delayed or undelivered messages.
• Privacy: See our Privacy Policy.

6. The Site vs. paid product

These Terms apply to the marketing website and pre-sales interactions described above. If you enter into a Customer Agreement for paid Zachicom platform services, that agreement governs the commercial relationship, fees, service levels, and operational messaging to numbers you provide (including employees) where those topics are addressed there, and it supplements or overrides these Terms to the extent of any conflict.

7. Subscriptions, billing, and payment authorization

When you subscribe to a paid Zachicom plan:

• Recurring charges. By subscribing, you authorize Zachicom (and its billing processor, Stripe) to charge your payment method on a recurring basis at the plan price shown at checkout, at the start of each billing period (monthly or annual, as selected).
• Auto-renewal. Your subscription renews automatically at the end of each billing period unless you cancel before the renewal date per §9. You will receive advance notice of any price change before it takes effect.
• Payment authorization. You represent that you are authorized to use the payment method you provide. You authorize us to charge that method — and any updated method you add to your account — for all amounts due, including renewals.
• Failed payment. If a payment fails, we may retry the charge. After reasonable notice, we may suspend or downgrade access until payment is received.
• Price changes. We may change plan prices with at least 30 days' advance notice. Continued use of the platform after the effective date of a price change constitutes acceptance of the new price.

8. Free trials

If we offer a free trial, the following applies:

• Auto-conversion. At the end of the trial period (as stated at signup), your account will automatically convert to a paid subscription at the then-current plan price unless you cancel before the trial ends.
• Payment method at signup. We may require a valid payment method at the start of the trial. We will charge that method when the trial converts to a paid subscription.
• No charge during trial. You will not be charged during the trial period unless you upgrade to a paid feature before the trial ends.
• Feature limits. Trial accounts may have feature or usage limits that differ from paid plans.
• One trial per business. Free trials are intended for new customers. We reserve the right to deny or revoke a trial if we believe it is being used to circumvent this limit.

9. Cancellation

• How to cancel. You may cancel your subscription at any time through the account dashboard or by contacting us at the address in §24.
• Effect of cancellation. Cancellation takes effect at the end of the current paid billing period. You retain platform access until that date.
• No refunds. Except where required by applicable law, payments are non-refundable and we do not prorate for partial billing periods.
• Data after cancellation. Following cancellation, your account data is retained for 30 days, after which it may be permanently deleted. Export your data before cancelling if you need it.

10. Taxes

All fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, or similar taxes imposed on your purchase of Zachicom services, other than taxes on Zachicom's net income. Where we are required by law to collect taxes, we will add them to your invoice.

11. Acceptable use

You agree not to misuse the Site, platform, or messaging channels, including by: submitting false or misleading information; attempting unauthorized access to systems or data; interfering with platform operation; using automated means to overload systems; sending unsolicited commercial messages; or using the platform for any unlawful purpose or in violation of any third-party rights.

12. Copyright and DMCA

If you believe content on the Site infringes your copyright, send a written DMCA notice to our contact email in §24 containing: (a) identification of the copyrighted work claimed to be infringed; (b) the URL of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized by the copyright owner; and (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner. We will respond to valid notices as required by the Digital Millennium Copyright Act (17 U.S.C. § 512). Repeat infringers may have their accounts terminated.

13. Beta and experimental features

We may offer beta or experimental features from time to time, labeled as such in the platform. Beta features are provided as-is, without warranty and without any commitment to continued availability, uptime, or support. We may modify, limit, or discontinue beta features at any time without notice or liability.

14. Account suspension and termination

We may suspend or terminate your account if:

• You materially breach these Terms or your Customer Agreement and fail to cure within 10 days of written notice (or immediately for violations of §4 (TCPA), §11 (acceptable use), or applicable law);
• You fail to pay amounts due after reasonable notice; or
• Continuation of service is required to be stopped by applicable law or a valid government order.

You may terminate your account per §9. Upon termination for cause by Zachicom, no refund will be issued for prepaid fees. Sections 4, 10, 12, 16, 17, 18, 19, 20, 21, and 22 survive any termination.

15. Intellectual property

Site content and platform software (text, graphics, logos, layout, code) is owned by Zachicom or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, or reuse Site content or platform software for commercial purposes without prior written consent. Your data remains yours; you grant Zachicom a limited license to process it solely to provide the platform services.

16. Disclaimers

THE SITE AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE." To the fullest extent permitted by law, we disclaim warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or free of harmful components. No advice or information you obtain from Zachicom creates any warranty not expressly stated here.

17. Limitation of liability

To the fullest extent permitted by law, Zachicom and its suppliers will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, goodwill, or business opportunity, arising from your use of the Site or platform, even if advised of the possibility of such damages. Our aggregate liability for any claim arising out of these Terms or the platform is limited to the greater of (a) one hundred U.S. dollars (USD $100) or (b) amounts you actually paid Zachicom in the twelve months immediately preceding the claim.

18. Indemnity

You will defend, indemnify, and hold harmless Zachicom and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Site or platform; (b) your violation of these Terms or applicable law; (c) your violation of §4 (TCPA); or (d) misuse of the platform by you or anyone accessing it under your account — except to the extent caused by Zachicom's gross negligence or willful misconduct.

19. Electronic signatures and records (E-SIGN consent)

By creating an account, accepting these Terms at checkout, or otherwise using the Site, you consent to conduct business electronically and to receive legally required disclosures, agreements, and notices in electronic form, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state law. Electronic signatures and records we generate have the same legal effect as paper originals. To withdraw this consent, you must cancel your account per §9; withdrawal does not affect the legal validity of any electronic disclosures or agreements already made.

20. Jury trial waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ZACHICOM EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE CUSTOMER AGREEMENT, OR THE PLATFORM. This waiver applies to all claims, whether based in contract, tort, statute, or otherwise.

21. Class action waiver

YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. You waive the right to participate in a class action or class-wide arbitration. If any portion of this section is found void or unenforceable, that portion will be deemed severable and will not affect the remainder.

22. Governing law and venue

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-law principles, except where prohibited by applicable law. Subject to §20 and §21, any dispute arising from these Terms or the platform shall be brought exclusively in the state or federal courts located in Michigan, and you consent to personal jurisdiction there.

23. Changes to these Terms

We may update these Terms from time to time. We will revise the effective date when we do and, for material changes, will provide notice via email or a prominent notice on the Site at least 14 days before the change takes effect. Continued use of the Site or platform after the effective date constitutes acceptance of the updated Terms, except where applicable law requires a different process.

24. Contact

[email protected]