Always Open - Terms & Conditions

Always Open is operated by Noah Schilling, who is the sole proprietor and owner of the business.

These Terms of Service (“Terms”) govern your access to and use of the Always Open website, platform, products, and services.

Always Open (“Always Open,” “Company,” “we,” “us,” or “our”) provides a lead response and customer communication platform designed for appointment- and inquiry-driven local businesses. Our services may include automated missed-call text-backs, website chat responses, lead follow-ups, appointment reminders, customer communications, and review requests.

By accessing or using our website or services, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms, please do not use our website or services.

SMS Messaging Terms & Compliance

1. Program Description:

Always Open may provide SMS messaging functionality that allows businesses and their customers or leads to communicate through text messages.

Depending on the services being used, messages may include:

⁍ Missed-call text-backs
⁍ Responses to customer inquiries
⁍ Appointment confirmations
⁍ Appointment reminders
⁍ Appointment scheduling or rescheduling updates
⁍ Lead follow-ups
⁍ Customer support communications
⁍ Important service-related updates
⁍ Review requests
⁍ Other communications directly related to a customer's interaction with a business

SMS consent may be collected through website forms, scheduling forms, chat experiences, or other applicable opt-in methods. Where required, the opt-in process will include a clear disclosure and a dedicated mechanism for providing SMS consent.

Message content and frequency may vary depending on the customer's interactions, appointments, inquiries, and communication preferences.

2. SMS Consent:

By voluntarily opting in to receive SMS messages, you agree to receive text messages from the applicable business through the Always Open platform for the purposes described during the opt-in process.

⁍ Consent is not required as a condition of purchasing goods or services unless expressly permitted by applicable law.
⁍ You may withdraw your SMS consent at any time.
⁍ Your consent to receive service-related messages does not automatically constitute consent to receive marketing or promotional messages.
⁍ Where marketing or promotional messages require separate consent, that consent will be obtained separately as required by applicable law.
⁍ SMS opt-in information and consent records are maintained in accordance with our Privacy Policy and applicable requirements.

3. Cancellation / Opt-Out Instructions:

You can stop receiving SMS messages at any time by replying “STOP” to the number from which you received the message.

After you send “STOP,” you may receive a confirmation message acknowledging your opt-out request. After that, you will no longer receive SMS messages from that messaging program unless you subsequently provide consent to receive them again.

To rejoin the messaging program, you may opt in again through the applicable website, form, scheduling process, or other available consent method.

4. Support Information:

If you experience issues with the SMS messaging program, reply “HELP” to the message where supported.

You may also contact Always Open through our email at [email protected]

For communications sent on behalf of a business using Always Open, you may also contact that business directly using its published contact information.

5. Message & Data Rates:

Standard message and data rates may apply to SMS messages sent to or received from Always Open or a business using the Always Open platform.

Message frequency varies depending on your interactions, inquiries, appointments, services, and communication preferences.

For questions regarding your mobile phone plan, messaging limits, or data charges, please contact your wireless carrier.

6. Carrier Liability:

Wireless carriers are not liable for delayed, undelivered, or misdirected messages.

Always Open does not control the availability, reliability, or delivery performance of third-party wireless networks and telecommunications providers.

7. Supported Carriers:

The SMS functionality may be available through major U.S. wireless carriers and other participating regional or local carriers.

Carrier availability may vary depending on the recipient's location, carrier, network, device, and other technical factors.

8. Age Requirement:

You must be at least 18 years old to independently use Always Open's services or participate in an Always Open SMS program where applicable.

If you are using an Always Open service on behalf of a business or organization, you represent that you have the authority to act on behalf of that business or organization.

9. SMS Privacy:

Always Open respects the privacy of SMS users.

We do not sell, rent, or share SMS text messaging originator opt-in information, including phone numbers and consent records, with affiliates or third parties for their own marketing or promotional purposes.

SMS information may be shared with service providers, messaging platforms, carriers, aggregators, or other technology providers only when reasonably necessary to deliver, maintain, secure, or support the requested messaging services.

For additional information about how Always Open collects, uses, and protects information, please review our Privacy Policy:

https://alwaysopenhq.com/privacy-policy

General Terms:

10. Use of the Website and Services:

The Always Open website and services are provided to help businesses manage lead responses and customer communications.

By accessing the website or using our services, you agree to:

⁍ Use the website and services only for lawful purposes
⁍ Provide accurate and current information when requested
⁍ Comply with all applicable laws and regulations
⁍ Maintain the security of your account credentials
⁍ Use the services only in accordance with these Terms
⁍ Not interfere with or disrupt the operation or security of the website or platform
⁍ Not use the services to transmit unlawful, fraudulent, abusive, deceptive, or harmful content
⁍ Not use the platform to send communications without the required consent or legal authorization

You are responsible for ensuring that your use of Always Open's services complies with all applicable laws and regulations, including applicable telecommunications, privacy, advertising, and consumer protection requirements.

11. Accounts and Registration:

Certain Always Open features may require you to create an account. When creating an account, you agree to provide information that is accurate, current, and complete.

You are responsible for:

⁍ Maintaining the confidentiality of your account credentials
⁍ Maintaining the accuracy of your account information
⁍ All activity occurring under your account
⁍ Promptly notifying us if you suspect unauthorized access or use of your account

You should not share your login credentials with unauthorized individuals.

If you believe your account has been compromised, please contact us promptly through our website.

12. Business Customer Responsibilities:

If you use Always Open on behalf of a business, you are responsible for ensuring that the communications sent through the platform comply with applicable laws and the permissions provided by your customers or leads.

This includes responsibility for:

⁍ Obtaining appropriate consent before sending messages where consent is required
⁍ Maintaining appropriate records of customer consent
⁍ Honoring STOP, unsubscribe, and other opt-out requests
⁍ Using accurate sender and business information
⁍ Providing appropriate disclosures where required
⁍ Ensuring that message content is lawful and appropriate
⁍ Complying with applicable privacy, telecommunications, marketing, and consumer protection laws

Always Open provides technology and communication functionality but does not replace the user's responsibility to comply with applicable legal requirements.

13. Intellectual Property Rights:

The Always Open website, platform, software, content, branding, logos, designs, graphics, text, and other materials are owned by Always Open or its licensors and are protected by applicable intellectual property laws.

Subject to these Terms and any applicable subscription or service agreement, Always Open grants you a limited, non-exclusive, non-transferable, revocable right to access and use the services for their intended business purposes.

You may not, without our prior written permission:

⁍ Copy, reproduce, modify, or distribute our software or proprietary materials
⁍ Reverse engineer, decompile, or attempt to extract source code from our software
⁍ Resell or sublicense the platform except where expressly authorized
⁍ Use our trademarks or branding without permission
⁍ Remove copyright, trademark, or proprietary notices
⁍ Use our services to create a competing service through unauthorized access or copying

All rights not expressly granted under these Terms are reserved by Always Open and its licensors.

14. Your Content and Information:

You may provide information, content, messages, customer information, or other materials to Always Open in connection with your use of the services.

You retain ownership of your content, subject to the rights necessary for Always Open to provide the services.

You grant Always Open the limited rights necessary to host, process, transmit, store, and otherwise use such content solely as reasonably necessary to provide, maintain, secure, and improve the services and as otherwise permitted by applicable agreements or law.

You represent that you have the necessary rights, permissions, and authorizations to provide such information and content to Always Open.

15. Prohibited Uses:

You may not use Always Open to:

⁍ Violate any applicable law or regulation
⁍ Send unsolicited or unlawful communications
⁍ Circumvent required consent or opt-in requirements
⁍ Send fraudulent, deceptive, threatening, or abusive communications
⁍ Impersonate another person or business
⁍ Distribute malicious software or harmful code
⁍ Attempt to gain unauthorized access to our systems
⁍ Interfere with the security or operation of the platform
⁍ Collect or process personal information unlawfully
⁍ Use the platform for activities that violate applicable telecommunications or messaging requirements

We may restrict or suspend access where reasonably necessary to protect the platform, our customers, recipients, or third parties.

16. Third-Party Services and Links:

Always Open may integrate with or provide links to third-party websites, applications, communication providers, payment processors, scheduling systems, analytics services, and other third-party services.

⁍ Third-party services may have their own terms and privacy policies.
⁍ Always Open is not responsible for the independent practices or availability of third-party services that we do not control.
⁍ Your use of a third-party service may be subject to that provider's separate terms and conditions.

We encourage you to review the applicable terms and privacy policies before using third-party services.

17. Disclaimers:

The website and services are provided on an “as is” and “as available” basis to the fullest extent permitted by applicable law.

Always Open does not guarantee that:

⁍ The website or services will always be available or uninterrupted
⁍ SMS or other communications will always be delivered successfully or immediately
⁍ The services will be error-free or completely secure
⁍ Third-party networks, carriers, integrations, or services will remain available
⁍ The services will satisfy every particular business requirement

Always Open is a technology platform and does not guarantee any particular business, sales, lead-generation, appointment, review, or revenue outcome.

18. Limitation of Liability:

To the fullest extent permitted by applicable law, Always Open and its officers, directors, employees, affiliates, licensors, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to your use of, or inability to use, the website or services.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

19. Indemnification:

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Always Open and its officers, directors, employees, affiliates, contractors, licensors, and service providers from claims, liabilities, damages, losses, costs, and expenses arising from:

⁍ Your violation of these Terms
⁍ Your unlawful or unauthorized use of the services
⁍ Your violation of applicable laws or regulations
⁍ Your content or communications sent through the platform
⁍ Your failure to obtain required customer consent
⁍ Your violation of the rights of another person or entity

20. Suspension and Termination:

We may suspend or terminate your access to the website or services where reasonably necessary, including if:

⁍ You violate these Terms
⁍ You use the services unlawfully or abusively
⁍ Your use creates a security or compliance risk
⁍ You fail to meet applicable payment obligations
⁍ Suspension is necessary to protect Always Open, our customers, or third parties

Upon termination, your right to use the applicable services will cease.

Provisions that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, indemnification, and applicable dispute provisions, will continue to apply.

21. Governing Law:

These Terms will be governed by the applicable laws of the jurisdiction in which Always Open is legally organized, without regard to conflict-of-law principles, unless otherwise required by applicable law.

Any dispute arising from these Terms or your use of the services will be handled in accordance with the applicable dispute-resolution requirements and the laws governing the relationship between you and Always Open.

22. Changes to These Terms:

We may update these Terms of Service from time to time to reflect changes to our services, business practices, or applicable legal requirements.

When we make changes, we will update the Effective Date at the beginning of these Terms.

Your continued use of the website or services after updated Terms are posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.

23. Contact Us:

If you have questions regarding these Terms of Service or Always Open's services, please contact us through:

Always Open

Email: [email protected]

Phone: (715) 496-6414
Website: https://alwaysopenhq.com

Additional contact information may be provided on our website or within the applicable service or account interface.

Agreement

By accessing or using the Always Open website or services, you acknowledge that you have read, understood, and agreed to these Terms of Service and the Always Open Privacy Policy.

Privacy Policy: https://alwaysopenhq.com/privacy