Terms of service

1. Agreement

These terms govern your access to and use of the WarmDispatch software, website and related services (the “Service”). By creating an account, starting a pilot, or using the Service, you agree to them on behalf of the business you represent (“you” or “Customer”). If you don’t agree, don’t use the Service.

2. What the Service is — and isn’t

The Service responds to missed calls and inbound web leads by text message, asks qualifying questions, applies rules you configure, books appointments against your calendar, and routes conversations to your team. It is a communication and scheduling tool.

The Service is not:

• an emergency, alarm, monitoring or safety system, and it cannot detect gas, smoke, fire or carbon monoxide;
• a diagnostic tool — it does not diagnose HVAC equipment faults or hazards, and it will not tell a customer what is wrong with their system;
• a pricing tool — it does not quote prices, ranges, or discounts;
• a dispatch guarantee — it does not promise arrival times outside availability windows you publish;
• a substitute for licensed professional judgment or for emergency services.

When the Service detects language suggesting a gas odor, smoke, fire, a CO alarm, sparking, or a similar hazard, it stops the automated conversation, sends a message directing the person to leave and contact emergency services or their utility, and alerts your designated on-call human. You are responsible for maintaining an accurate, reachable on-call contact and for responding to those alerts.

3. Your SMS and consent obligations

You are the sender of record for every message the Service sends on your behalf. You agree that you will:

• obtain and document prior express consent for recurring SMS from every person you message, in the manner required by the TCPA, applicable state law, and your carrier;
• keep the sending business name and opt-out language (“Reply STOP to opt out”) in every template — removing it is a breach of these terms;
• honor STOP, HELP and START keywords, and never message a number that has opted out;
• complete any required carrier or 10DLC brand and campaign registration truthfully;
• not use the Service for marketing, political, lending, or other content outside the transactional service scope without separate compliant consent;
• not upload purchased, scraped or otherwise non-consented phone lists.

We may suspend messaging on your account immediately if we reasonably believe it is being used without valid consent, is generating carrier violations, or is creating a risk of harm.

4. AI-generated content

Replies drafted by the Service are generated by automated systems and may contain errors. You are responsible for reviewing your templates and your automation settings, and for the content of messages sent from your account. You may operate in approve-before-send mode; if you enable fully automatic sending, you accept responsibility for the messages sent that way. We are not responsible for a customer’s reliance on an automated message that you configured or approved.

5. Accounts, plans and billing

Plans are billed monthly in advance and renew until cancelled. Cancellation takes effect at the end of the current billing period; we do not prorate partial months on downgrade. SMS and AI provider usage is billed separately at provider cost. The optional setup package is a one-time, non-refundable charge once work has begun. Prices may change on 30 days’ notice. Taxes are your responsibility. Pilot terms, where offered, are described at signup and may be ended by either party during the pilot window.

6. No results guarantee

We make no representation, warranty or guarantee regarding booking rates, response rates, close rates, lead volume, revenue, or return on investment. Any statistics on our website are third-party industry research or illustrative sample data, presented for context only. Outcomes depend on your call volume, market, pricing, staffing and capacity — none of which we control.

7. Acceptable use

You will not use the Service to send unlawful, harassing, deceptive or misleading content; to impersonate another business; to circumvent opt-outs; to reverse engineer or resell the Service except under an authorized agency plan; or to interfere with the integrity or performance of the Service.

8. Your data

You retain ownership of your customer records, message content and lead data. You grant us a limited license to host, process and transmit that data to operate the Service. Our handling of personal information is described in the privacy policy. You may export your data as CSV at any time.

9. Third-party services

The Service relies on and can connect to third-party providers, including telephony, AI, calendar, field-service and payment platforms. Your use of those platforms is governed by your agreements with them. We are not responsible for their availability, changes to their APIs, or their acts or omissions. Product names referenced on this site belong to their respective owners and do not imply endorsement or partnership.

10. Availability

We aim for high availability but do not guarantee uninterrupted service. Message delivery depends on carriers and can be delayed, filtered or blocked for reasons outside our control. Do not rely on the Service as the sole channel for time-critical or life-safety communication.

11. Disclaimer of warranties

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy of automated classifications, and uninterrupted or error-free operation.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost jobs, lost data, or business interruption, even if advised of the possibility. Our total aggregate liability arising out of or relating to the Service is limited to the amounts you paid us for the Service in the twelve months preceding the event giving rise to the claim.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.

13. Indemnity

You will defend and indemnify us against claims arising from your messaging practices, your lack of valid consent, your edits to message templates, your configuration of escalation rules, your service work, or your violation of these terms or applicable law.

14. Suspension and termination

You may cancel at any time from the billing settings. We may suspend or terminate for non-payment, for a breach of the consent or acceptable-use sections, or where continued operation creates legal or safety risk. On termination, your data is available for export and is then deleted or de-identified per the retention schedule in the privacy policy.

15. Changes

We may update these terms. Material changes take effect 30 days after posting, and continued use after that date means you accept them.

16. Governing law and disputes

These terms are governed by the laws of the State of Texas, excluding its conflict-of-law rules. The parties will attempt to resolve disputes informally in good faith for 30 days before filing anything, and will bring any action in the state or federal courts located in Travis County, Texas. (Jurisdiction, venue and any arbitration or class-waiver terms are exactly the kind of clause your attorney should set.)

17. Contact

Questions about these terms: legal@warmdispatch.com. This is a demonstration site, so that address is illustrative and not monitored.