Terms of Service

The service

Nevermiss AI LLC, a Florida limited liability company (“Nevermiss,” “we,” or “us”), provides an AI receptionist that answers inbound phone calls for your business, qualifies callers, helps book jobs, and sends you call summaries. By creating an account or using the service, you agree to these terms. The service is provided to help you capture and book work; it is a tool, not a guarantee of any particular outcome.

Your account and your data

You confirm that you are authorized to create the account and accept these terms on behalf of your business. Your business information and your callers’ information are yours — we don’t claim ownership of them. You grant us the limited permission needed to process that information and answer calls on your behalf so we can provide the service, and you’re responsible for keeping your account credentials secure.

Acceptable use

You agree to use Nevermiss only for lawful business purposes and to comply with applicable laws, including those covering call recording and consumer communications in your area. You are responsible for the accuracy of the business information you provide and for obtaining any consents your customers require. You may not use the service to harass, defraud, or mislead callers.

Call recording, transcription & AI

Nevermiss answers your calls with an automated AI assistant and, by default, records and transcribes them so it can understand and act on each call. Laws on call recording, monitoring, and AI disclosure vary by state and by where your caller is located, and some require every party to be notified or to consent before a call is recorded or handled by AI.

You are solely responsible for determining what notice or consent the law requires for your calls and for providing it to your callers — for example, an announcement that the call may be recorded or transcribed and is handled by an automated assistant. You represent that you will comply with all applicable wiretap, call-recording, eavesdropping, telemarketing, and AI-disclosure laws. You can turn off call-audio storage (transcript-only) and adjust your greeting in your settings.

Text message (SMS) alerts

Nevermiss offers optional SMS text alerts to account owners. By entering your own mobile number in your account settings and checking “Text me when I get a new lead,” you consent to receive recurring automated text messages from Nevermiss about your account, such as new-lead notifications and call summaries. Your consent to receive these texts is not a condition of purchasing any goods or services.

Message frequency varies based on your call volume, and message and data rates may apply. Reply STOP at any time to stop receiving texts, or HELP for help; you can also email support@nevermiss.com. Carriers are not liable for delayed or undelivered messages, and we do not guarantee delivery on any particular carrier. We do not sell or share your mobile number with third parties for their own marketing; see our Privacy Policy for details.

Trial and billing

Some plans include a trial or introductory period. After any trial ends, paid plans renew automatically on a recurring basis (monthly or annual, as you choose) until you cancel. Each plan includes a monthly allotment of talk-minutes; usage beyond that allotment is billed as per-minute overage, which is capped so your total charge in a billing period never exceeds twice your plan price. You can cancel at any time, and cancellation stops future charges; fees already billed are generally non-refundable except where required by law. Current pricing and billing terms are shown when you sign up and in your billing settings.

Disclaimers

The service is provided “as is” without warranties of any kind. AI systems can make mistakes, and calls may occasionally be misunderstood, dropped, or mishandled. We do not warrant that the service will be uninterrupted or error-free, and to the extent permitted by law we are not liable for missed calls, lost business, or other indirect or consequential damages.

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 for the service in the twelve months before the claim. We are not liable for indirect, incidental, special, or consequential damages, or for lost profits, lost business, or lost data.

Indemnification

You agree to defend, indemnify, and hold Nevermiss harmless from any claims, damages, losses, and costs (including reasonable legal fees) arising out of your use of the service, the business information and instructions you provide, or your failure to give your callers any notice or obtain any consent required by law — including for call recording, transcription, monitoring, AI disclosure, or text messaging.

Governing law

These terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws rules. You agree that the state and federal courts located in Duval County, Florida have exclusive jurisdiction and venue over any dispute arising out of or relating to these terms or the service that is not otherwise resolved.

Arbitration & class-action waiver

Most issues can be resolved by emailing us first, and we ask that you try. If we can’t resolve a dispute between you and Nevermiss informally, you and Nevermiss agree to resolve it through binding individual arbitration administered by the American Arbitration Association under its applicable rules, rather than in court — except that either party may bring a qualifying claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or stop unauthorized use of the service.

Disputes are handled only on an individual basis. You and Nevermiss each waive any right to bring or take part in a class, collective, or representative action. You may opt out of this arbitration agreement within 30 days of first accepting these terms by emailing support@nevermiss.com with your account name and the words “arbitration opt-out” — opting out won’t affect the rest of these terms.

Termination

You can stop using Nevermiss and cancel at any time. We may suspend or end the service for an account that violates these terms or uses the service unlawfully. Provisions that by their nature should survive termination — including amounts owed, disclaimers, limitation of liability, and indemnification — will survive.

Changes

We may update these terms or the service over time. If we make material changes, we will take reasonable steps to let you know. Continuing to use Nevermiss after changes take effect means you accept the updated terms.

Contact

Questions about these terms? Email support@nevermiss.com.

Nevermiss AI LLC
12101 Woodbridge Ct
Jacksonville, FL 32246