Customer Terms of Service

These Customer Terms of Service (the “Terms”) are a binding agreement between First In Systems, Inc.( “First In Systems,” “we,” “us,” or “our”) and the business that subscribes to our service (“Customer,” “you,” or “your”). They govern your purchase and use of the First In Systems platform and related services (the “Service”).

By clicking to accept these Terms, completing checkout, or accessing or using the Service, you agree to be bound by them. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that entity, and “you” refers to that entity.

These Terms cover the paid subscription relationship between your business and First In Systems. They are separate from our SMS Terms and Conditions (which govern text-message recipients) and our Privacy Policy, each of which is incorporated by reference.

The Service

First In Systems provides an AI receptionist and automated lead-response platform for CDL and driving schools — including AI messaging across SMS, email, and website chat, an AI website chatbot with human takeover, optional AI voice, calendar and class scheduling, missed-call and no-show recovery, a lead dashboard, and related features. The specific features available to you depend on the plan you selected at checkout. We may add, change, or remove features over time.

We provide hands-on setup and configuration as part of onboarding. You are responsible for the accuracy of the business information, knowledge base, calendars, and contacts you provide or connect to the Service.

Accounts and eligibility

To use the Service you must create an account and keep your login credentials confidential. You are responsible for all activity that occurs under your account and for the acts and omissions of your staff and any users you authorize. You must be at least 18 years old and operating a lawful business to subscribe.

Subscriptions, billing, and cancellation

• Recurring billing. The Service is sold as a monthly subscription. Unless stated otherwise at checkout, fees are billed in advance each month through our payment processor (Stripe) using the payment method you provide, and your subscription renews automatically each month until cancelled.
• Pricing. The price is the amount shown for your selected plan at the time of purchase. We may change subscription pricing on a going-forward basis; we will give you advance notice of any price change before it applies to your next renewal, and your continued use after the change takes effect constitutes acceptance.
• No long-term contract. There is no annual commitment and no per-seat fee. You may cancel at any time, and cancellation stops future renewals. Unless otherwise stated at the point of purchase or required by law, fees already paid are non-refundable, and cancellation does not retroactively refund the current billing period.
• Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, or similar taxes, other than taxes based on our net income.
• Failed payments. If a charge fails, we may suspend or limit the Service until payment is resolved.
• Usage-based costs. Certain features rely on third-party messaging and telephony (for example, SMS and voice). Unless your plan states that such usage is included, you are responsible for usage-based charges as described at the point of purchase.

Customer data and privacy

To deliver the Service, you provide us with, or direct us to collect, information about your prospects, students, and contacts — including names, phone numbers, email addresses, message content, and conversation transcripts (“Customer Data”). As between you and us, you own your Customer Data.

• Our role. We process Customer Data on your behalf and on your instructions, solely to provide, secure, and support the Service, as described in our Privacy Policy. With respect to the personal information of your prospects and students, you are the party responsible for that information and we act as your service provider.
• Your responsibilities. You represent that you have all necessary rights, consents, and notices to collect the Customer Data and to have us process it, including the consent required to send SMS, email, and other messages to your contacts. You are responsible for the content of messages sent through your account and for complying with applicable laws, including the TCPA, CAN-SPAM, CTIA guidelines, and carrier requirements.
• Deletion. You may request deletion of Customer Data as described in our Privacy Policy. On termination, we will delete or return Customer Data in accordance with that policy, except where retention is required by law.
• Aggregated data. We may use de-identified, aggregated data that does not identify you or any individual to operate, secure, and improve the Service.

Acceptable use

You agree not to use the Service to:

• send messages to people who have not given the consent required by law, or who have opted out;
• send unlawful, deceptive, harassing, or prohibited content, including the categories restricted by carriers (such as SHAFT content);
• violate any applicable law or third-party rights, or infringe intellectual property;
• reverse engineer, resell, or provide the Service to third parties outside your own business without our written consent; or
• interfere with, overload, or attempt to gain unauthorized access to the Service or its underlying systems.

We may suspend or terminate access if we reasonably believe your use violates these Terms or creates risk or legal exposure for us, you, or others.

Third-party services

The Service relies on third-party providers — including, for example, Twilio (messaging and voice), Meta’s Instagram API (Instagram messaging), Stripe (payments), our hosting and scheduling tools, and third-party AI providers that generate responses. Your use of the Service may be subject to those providers’ terms, and their availability is outside our control. We are not responsible for the acts, omissions, or outages of third-party providers. AI-generated responses can be incomplete or inaccurate and should be reviewed; important details should be confirmed by your staff.

Intellectual property

We own all rights in the Service, including its software, models, configurations, and design, and all improvements to them. Subject to these Terms and your payment of fees, we grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription. You grant us the limited right to host, process, and use Customer Data as needed to provide the Service. If you give us feedback, we may use it without restriction.

Confidentiality

Each party may receive non-public information of the other. The receiving party will use the disclosing party’s confidential information only to perform under these Terms and will protect it using reasonable care. This does not apply to information that is public, independently developed, or rightfully obtained from another source, or to disclosures required by law.

Disclaimer of warranties

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that AI-generated content will be accurate, or that the Service will produce any particular number of leads, bookings, enrollments, or revenue.

Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amount you paid us for the Service in the three (3) months immediately before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

You will defend, indemnify, and hold harmless First In Systems and its officers, employees, and agents from and against any claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising out of or relating to: (a) your Customer Data or the content of messages sent through your account; (b) your collection of or failure to obtain required consent for your contacts; (c) your violation of these Terms or applicable law, including the TCPA, CAN-SPAM, or carrier requirements; or (d) your use of the Service.

Term and termination

These Terms apply for as long as you have an account or an active subscription. You may cancel at any time, effective at the end of your current billing period. We may suspend or terminate the Service for non-payment, for violation of these Terms, or on reasonable notice for any other reason. On termination, your right to use the Service ends, and we will handle Customer Data as described in our Privacy Policy. Sections that by their nature should survive — including fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law — survive termination.

Changes to these Terms

We may update these Terms from time to time. Material changes will be posted on this page with a new “Last updated” date and, where appropriate, communicated to you. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to these Terms or the Service will be the state and federal courts located in Virginia, and each party consents to personal jurisdiction there. Before filing a claim, the parties will try in good faith to resolve the dispute informally by contacting each other.

General

These Terms, together with the Privacy Policy and any order or plan details accepted at checkout, are the entire agreement between the parties regarding the Service and supersede prior discussions. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

Contact us

Questions about these Terms? Contact:

• Email: matt@firstinsys.com
• Business: First In Systems, Inc.

See also our Privacy Policy and SMS Terms and Conditions.