Terms of Service

• “NeverDrop,” “we,” “us,” “our” means the NeverDrop service and the business that operates it, currently operated as a sole proprietorship. If a separate legal entity is formed for the business, these Terms apply to and are enforceable by that entity.
• “You” / “customer” means the business that signs up for NeverDrop and any person you authorize to use the account on your behalf (your “authorized users”). You are responsible for everything your authorized users do under your account.
• “Caller data” means phone numbers, voicemail recordings, transcripts, and message contents belonging to your callers and customers that pass through the service.

You represent that you have authority to bind your business to these Terms. You are responsible for safeguarding your login links and dashboard access; activity under your account is deemed yours.

NeverDrop provides missed-call capture for trade businesses, including conditional call forwarding to a NeverDrop phone number, an automated text-back to missed callers, voicemail recording, transcription and triage, owner alerts, and optional email inbox monitoring (Gmail and Outlook, read-only — we never send email on your behalf). Features may change over time. We may modify, suspend, or discontinue any part of the service at any time.

• New accounts receive a 7-day free trial. After the trial, the plan is $175 per month, month-to-month, billed in advance through our payment processor (Stripe) until you cancel.
• The subscription includes one NeverDrop phone number, the missed-call text-back, voicemail transcription and triage, owner alerts, and email inbox monitoring. Carrier message rates, if any, are separate.
• You may cancel at any time from your account or by emailing us. Cancellation takes effect at the end of the current billing period; fees already paid are non-refundable, including for partial months.
• If a payment fails, we may suspend or terminate your account after reasonable notice to the email on file. You remain responsible for all charges incurred through cancellation.
• Prices exclude taxes, which you are responsible for. If we change the price, we will notify you by email at least 30 days in advance, and the new price applies from your next billing period unless you cancel first.

You are solely responsible for your use of NeverDrop and for compliance with all applicable laws, including but not limited to:

• The Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA messaging principles, carrier requirements (including 10DLC registration), and all federal, state, and local telemarketing, texting, and robocall laws.
• State call-recording and wiretapping laws, including Massachusetts M.G.L. c. 272, § 99 and the two-party/all-party consent laws of any state where your callers are located.
• Massachusetts M.G.L. c. 93A and other unfair-or-deceptive-practices laws as they apply to your advertising, pricing, and customer communications.
• Obtaining all necessary consents before any person receives texts or calls through the service, and honoring opt-out requests promptly across every number you use with us.
• The accuracy of your business information, forwarding settings, and any content in messages sent through your account.

You represent and warrant that you have the legal right to use every phone number, email account, and customer contact you connect to NeverDrop, and that your use complies with all applicable laws.

You agree not to use NeverDrop to:

• Send spam, unsolicited marketing, or unlawful robocalls or robotexts.
• Violate any law or the rights of any third party.
• Attempt to disrupt, reverse-engineer, or abuse the service.
• Resell or white-label the service without our written permission.

We may suspend or terminate accounts that violate this section, immediately and without refund.

• The missed-call text-back is a transactional, inquiry-response message sent in reply to a call the recipient just placed to your business — not marketing. You agree not to use it, or ask us to use it, for marketing unless you have documented prior express consent for marketing messages.
• Every outbound SMS we send on your behalf identifies your business and includes opt-out instructions (reply STOP). You consent to service-related texts at the number you provide; this consent is not a condition of purchase.
• Message and data rates may apply. Message frequency varies. Mobile carriers are not liable for delayed or undelivered messages.
• For TCPA and carrier purposes, you are the sender of messages sent through your account; we provide the platform. You must honor opt-outs across all numbers you use with the service, not just a single thread.
• We may refuse, throttle, or rewrite message templates, require documented consent before any non-transactional campaign, audit your messaging, and suspend messaging immediately if we believe it creates legal or carrier risk. We keep message logs to defend against claims.

• NeverDrop records only voicemail messages a caller chooses to leave after our greeting. We do not record live two-way calls.
• Our greeting tells callers the call may be recorded and transcribed. You agree to use our greeting and not to disable, replace, or bypass the recording disclosure.
• Recordings and transcripts are used only to operate the service (transcription, triage, and alerts). We do not use them for marketing and do not use them to train general AI models.
• You are responsible for complying with the recording-consent laws of every jurisdiction where your callers are located. If your business operates in a way that requires additional disclosures, you must provide them.

For caller data, you are the data controller and we act as your data processor, processing it only on your instructions to provide the service. Our Privacy Policy describes what we collect, our subprocessors, retention, and security practices, and is incorporated into these Terms.

To the maximum extent permitted by law, NeverDrop is provided “as-is” and “as-available,” without warranties of any kind, express or implied.

We do not warrant or guarantee that:

• Every missed call will be captured, every voicemail transcribed accurately, or every alert delivered on time.
• The service will be uninterrupted, error-free, or free of delays caused by carriers, phone networks, or third-party providers.
• Transcripts, classifications, or urgency labels will be accurate or complete.

You use the service at your own risk. You remain responsible for answering your phone, checking messages, and running your business.

To the maximum extent permitted by law, including as to claims under M.G.L. c. 93A that are not willful or knowing:

• In no event will NeverDrop, our officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business, goodwill, or data — even if advised of the possibility of such damages.
• This includes any claim arising from missed, delayed, or misclassified calls, texts, voicemails, transcripts, or alerts, and any claim by your customers or third parties relating to your use of the service.
• Our total aggregate liability for any and all claims arising from or related to the service will not exceed the amounts you paid us in the twelve (12) months before the claim arose.

Nothing in this section limits liability that cannot be limited by law, including liability for our own fraud or willful misconduct. The carve-outs in this sentence, your payment obligations, your indemnification obligations, and breaches of confidentiality or intellectual property are not subject to the cap above. Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the greatest extent permitted by law.

You agree to defend, indemnify, and hold harmless NeverDrop and our officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of the service.
• Your violation of these Terms or any applicable law, including the TCPA and other telemarketing and texting laws, call-recording and wiretapping laws (including M.G.L. c. 272, § 99), and M.G.L. c. 93A.
• Any claim by your customers, contacts, or third parties relating to calls, texts, voicemails, or emails handled through your account.
• Your content, business practices, or failure to obtain required consents or honor opt-outs.

We may assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with us. You may not settle a matter in a way that admits fault on our part or imposes obligations on us without our written consent.

You acknowledge that phone networks, carriers, and third-party providers are outside our control, and you assume all risk of service interruptions, delivery failures, transcription errors, and misclassification. You agree that your sole remedy for dissatisfaction with the service is to stop using it and cancel your account.

NeverDrop is not an answering service, dispatch service, or emergency service. It does not replace 911 or emergency calling. Do not rely on it for life-safety, medical, or other emergency communications.

• These Terms take effect when you accept them and continue until your subscription ends.
• You may cancel at any time as described in Section 3; cancellation takes effect at the end of the current billing period.
• We may suspend or terminate your account immediately, without refund, if you violate these Terms, fail to pay, or if we believe your use creates legal, carrier, or security risk.
• Upon termination, your right to use the service ends immediately. We will handle your data as described in our Privacy Policy. Sections 4 and 8 through 17 survive termination.

Informal notice first: before filing any claim, you agree to email us describing the dispute so we have 30 days to try to resolve it informally.

If unresolved, any dispute arising from these Terms or the service will be resolved exclusively by binding, individual arbitration administered by the American Arbitration Association, seated in Boston, Massachusetts, before a single arbitrator — rather than in court — except that either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or equitable relief in court to protect intellectual property, confidential information, or against TCPA, call-recording, or messaging abuse.

• Class action waiver: you agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.
• Jury waiver: you waive any right to a jury trial.
• Each party bears its own arbitration filing and attorneys’ fees except as the arbitrator otherwise allocates under applicable law.

We may update these Terms from time to time. For material changes we will notify you by email at least 30 days before they take effect and post the revised version here with a new date. If you do not agree to a change, your remedy is to cancel before it takes effect; continued use after the effective date constitutes acceptance.

• We own the service, including our software, message templates, triage logic, and branding. You own your business data and caller data; you grant us a license to process them as needed to provide the service.
• Each party agrees to keep the other’s non-public information confidential and not disclose it except as needed to provide or use the service or as required by law.
• If you give us feedback or suggestions, we may use them without obligation or compensation to you.

• Entire agreement: these Terms, together with the Privacy Policy, are the entire agreement between you and NeverDrop regarding the service.
• Governing law: these Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.
• Severability: if any provision is found unenforceable, the remaining provisions continue in full effect.
• No waiver: our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment: you may not assign these Terms without our written consent; we may assign them freely, including to a successor entity or acquirer.
• Notices: we will send legal notices to the email address on your account; you may send notices to neverdropapp@gmail.com.

Questions about these Terms: neverdropapp@gmail.com