Terms of Service

Last updated: January 2025

These Terms of Service ("Terms") govern your use of Highground Recall ("Service"), operated by Highground DAO ("we," "us," or "our"). By using the Service, you agree to these Terms.

1. Description of Service

Highground Recall is an AI-powered customer reactivation platform. The Service enables businesses ("Clients") to upload lists of inactive customers and send automated, personalized SMS messages via Twilio on behalf of the Client, using AI (Claude by Anthropic) to handle replies and guide recipients toward booking appointments.

2. AI-Generated SMS Communications

You acknowledge and agree that:

• All SMS messages sent through the Service are generated by artificial intelligence and sent automatically on your behalf.
• AI replies to customer responses are fully automated. No human review occurs before messages are sent.
• You are responsible for ensuring recipients have consented to receive SMS messages from your business as required by applicable law, including the Telephone Consumer Protection Act (TCPA).
• Messages will identify your business by name. You authorize us to send these communications on your behalf.
• We are not responsible for the accuracy, appropriateness, or outcomes of AI-generated messages.

3. Data Processing and Privacy

You agree that:

• Customer data you upload (names, phone numbers, visit dates) is processed in accordance with our Privacy Policy.
• You are responsible for obtaining all necessary consents from your customers before uploading their data.
• We process customer contact information solely to deliver the Service on your behalf.
• Personal data is encrypted at rest. Raw CSV data is processed in memory and not persisted to disk.
• You warrant that you have the legal right to share this data with us for processing.

4. Opt-Out and Compliance

The Service automatically honors STOP requests. Any recipient who replies STOP, UNSUBSCRIBE, CANCEL, QUIT, or END will be immediately removed from all future communications. You must not re-upload opted-out recipients. You are responsible for maintaining your own opt-out records.

5. Acceptable Use

You agree NOT to:

• Upload contact lists of individuals who have not had a prior relationship with your business.
• Use the Service to send spam, harassing, or illegal content.
• Misrepresent your business identity in any communication.
• Use the Service for any purpose other than customer reactivation for your legitimate business.
• Upload purchased, rented, or third-party contact lists.

6. Payments and Cancellation

The Service is billed monthly via Stripe. You may cancel at any time; your service will remain active until the end of the current billing period. We reserve the right to suspend or terminate accounts for violations of these Terms without refund.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE SPECIFIC RESULTS, BOOKING RATES, OR REVENUE FROM THE SERVICE. AI RESPONSES ARE GENERATED AUTOMATICALLY AND MAY OCCASIONALLY BE INAPPROPRIATE OR INACCURATE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU IS LIMITED TO THE AMOUNT YOU PAID IN THE 3 MONTHS PRECEDING YOUR CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

9. Indemnification

You agree to indemnify and hold harmless Highground DAO from any claims, damages, or costs arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights including applicable SMS regulations.

10. Changes to Terms

We may update these Terms at any time. Continued use of the Service constitutes acceptance of updated Terms.

11. Contact

For questions about these Terms, contact us at hello@highgrounddao.com.