Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a legal agreement between you ("Merchant" or "you") and XROI LLC d/b/a Talk and Text ("we," "us," or "our"), the operator of TalkAndText.ai. By creating an account or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

TalkAndText.ai provides local businesses with a dedicated phone number and AI-powered system that allows their customers to call or text to schedule appointments. The Service includes:

• A dedicated voice and SMS phone number per business location
• AI-powered natural language appointment booking (via call or text)
• Calendar sync with Google Calendar, iCal, Outlook, Fantastical, and Calendly
• Booking confirmations, reminders, and cancellation notices sent via SMS
• A merchant dashboard for managing bookings, call logs, hours, and services
• Up to 300 bookings per month per location on the standard plan

3. Eligibility

You must be at least 18 years old and legally authorized to enter into contracts on behalf of your business to use this Service. By using TalkAndText.ai, you represent and warrant that you meet these requirements.

4. Account Registration

To use TalkAndText.ai, you must create an account at talkandtext.ai. You agree to:

• Provide accurate, current, and complete information during registration
• Keep your account credentials confidential
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activity that occurs under your account

5. Subscription and Payment

5.1 Pricing

TalkAndText.ai is offered at $19.95 per month per location. Pricing is subject to change with 30 days' notice.

5.2 Billing

You will be billed monthly on the date you subscribe. Payments are processed securely by our payment provider. By providing payment information, you authorize us to charge your payment method on a recurring monthly basis.

5.3 Cancellation

You may cancel your subscription at any time from your account dashboard. Cancellations take effect at the end of the current billing period. We do not provide prorated refunds for partial months.

5.4 Failed Payments

If a payment fails, we may suspend your account until payment is resolved. We will notify you via email before suspension.

6. SMS Messaging and Compliance

6.1 Your Responsibilities

By using TalkAndText.ai to send SMS messages to your customers, you agree to:

• Comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and CTIA Messaging Principles and Best Practices
• Only send messages to individuals who have consented to receive them
• Honor all opt-out requests promptly
• Not use the Service for spam, harassment, or unlawful purposes

6.2 Message Content

You are solely responsible for the appointment details, business information, and any custom content associated with your account. TalkAndText.ai is not responsible for the accuracy of booking information provided to your customers.

6.3 Opt-Out

All SMS messages sent through TalkAndText.ai include opt-out instructions. End Users may reply STOP at any time to unsubscribe and stop receiving messages. Reply HELP for assistance. Message and data rates may apply. Message frequency varies based on appointment activity. Mobile phone numbers are never sold or shared with third parties for marketing purposes. Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.

6.4 Carrier Compliance

TalkAndText.ai uses registered A2P 10DLC messaging in the United States. You agree not to use the Service in any way that violates carrier policies or results in your messages being flagged as spam.

6.5 Mobile Number Privacy

Mobile phone numbers collected through or processed by TalkAndText.ai are never sold or shared with third parties for marketing purposes.

7. Acceptable Use

You agree not to use TalkAndText.ai to:

• Violate any applicable law or regulation
• Send unsolicited or deceptive messages
• Impersonate any person or entity
• Transmit harmful, offensive, or illegal content
• Interfere with the operation of the Service or other users' access
• Attempt to reverse-engineer, copy, or exploit any part of the Service
• Exceed usage limits in a manner that degrades service for others

We reserve the right to suspend or terminate your account for violations of this section.

8. Intellectual Property

All content, features, and technology comprising TalkAndText.ai — including but not limited to the AI system, dashboard, branding, and software — are owned by XROI LLC d/b/a Talk and Text and protected by applicable intellectual property laws. You may not copy, reproduce, or create derivative works without our express written permission.

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

9. Third-Party Integrations

TalkAndText.ai integrates with third-party calendar and communication services (e.g., Google Calendar, Twilio). Your use of those services is governed by their respective terms. We are not responsible for the availability, accuracy, or performance of third-party services.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

We do not guarantee that all booking requests will be processed correctly, as AI systems may occasionally misinterpret natural language inputs.

11. Limitation of Liability

To the maximum extent permitted by law, XROI LLC d/b/a Talk and Text shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to lost bookings, lost revenue, or data loss.

Our total liability to you for any claim arising from these Terms or your use of the Service shall not exceed the amount you paid to us in the 3 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless XROI LLC d/b/a Talk and Text, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Any content or messages sent through your TalkAndText.ai account

13. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for violations of these Terms or for any other reason at our sole discretion. You may terminate your account at any time through the dashboard.

Upon termination, your right to use the Service will immediately cease. Your data will be retained for 90 days and then deleted, except where we are required by law to retain it.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Texas.

You agree to waive any right to a jury trial and to resolve disputes on an individual basis, not as part of a class action.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on our website at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

16. Contact Us

If you have any questions about these Terms, please contact us at: