Terms of Service

1. What TextBack Does

TextBack is an AI-powered service that automatically sends SMS messages to people who call your business and don't get an answer. The goal is to help small businesses respond quickly to missed opportunities and keep leads engaged.

The service is provided to business customers ("you") who configure and operate it on behalf of their own business. When your callers receive a text-back message, they are communicating with an automated system operating under your business.

2. Your Account

To use TextBack, you must create an account and provide accurate business information. You are responsible for:

• Keeping your login credentials secure.
• All activity that occurs under your account.
• Ensuring your use of the service complies with applicable laws and regulations.

You must be at least 18 years old and authorized to act on behalf of the business you're registering.

3. Acceptable Use

You agree to use TextBack only for legitimate business purposes. You may not:

• Use the service to send spam, harassment, or deceptive messages.
• Send messages that violate applicable telemarketing or consumer protection laws, including the TCPA (Telephone Consumer Protection Act) or CAN-SPAM Act.
• Impersonate another business or person in your messages.
• Use the service for any illegal purpose.
• Attempt to reverse-engineer, disrupt, or otherwise interfere with our systems.

You are responsible for ensuring that any contacts receiving messages through your TextBack account have appropriate consent to receive automated texts. We provide the tool — you own the compliance for your business's use of it.

4. No Guarantee of Message Delivery

We do our best to deliver messages reliably, but we cannot guarantee that every message will be delivered, delivered on time, or received by the intended recipient. Factors outside our control — including carrier filtering, network issues, or a recipient's device settings — can affect delivery.

We are not liable for any lost business, missed opportunities, or other damages resulting from a message that was delayed, blocked, or undelivered.

5. Fees and Billing

TextBack is a paid service. Pricing is presented at signup and may change with notice. By subscribing, you authorize us to charge the payment method you provide on a recurring basis.

If a payment fails and isn't resolved within a reasonable time, we may suspend or terminate your account. You are responsible for keeping your billing information current.

6. Cancellation

You can cancel your subscription at any time by contacting us at canaan@fountainhead.llc. Cancellations take effect at the end of the current billing period — you won't be charged again after that.

We don't offer refunds for partial billing periods or unused service unless required by applicable law or we've agreed otherwise in writing.

7. Our Rights

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraud, or use the service in a way that harms other users or our systems.

We may also modify or discontinue the service at any time, with reasonable notice when possible. We won't be liable to you or any third party for any such modification or discontinuation.

8. Intellectual Property

The TextBack platform, software, and all related materials are owned by Fountainhead LLC and protected by intellectual property laws. Using our service doesn't give you any ownership of the platform itself.

You retain ownership of your business data and any content you provide. By using the service, you grant us a limited license to use your data to operate and improve it.

9. Disclaimer of Warranties

TextBack is provided "as is" and "as available." We don't make any warranties — express or implied — about the service, including but not limited to merchantability, fitness for a particular purpose, or uninterrupted availability.

We don't guarantee any specific business outcomes from using TextBack. Results vary based on your business, industry, and how you configure the service.

10. Limitation of Liability

To the maximum extent permitted by law, Fountainhead LLC is not liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of the service — even if we've been advised of the possibility of such damages.

Our total liability to you for any claims related to the service is limited to the amount you paid us in the three months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless Fountainhead LLC, its owners, employees, and contractors from any claims, losses, or expenses (including legal fees) arising from:

• Your use of the service.
• Your violation of these Terms.
• Your violation of any third-party rights or applicable laws.

12. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes will be resolved in the courts of Texas.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we'll update the "Last updated" date above. For material changes, we'll notify active customers via email. Continued use of the service after changes take effect constitutes acceptance of the new Terms.

14. Contact

Questions about these Terms? We're easy to reach: