Terms & Conditions

These Terms & Conditions (the "Terms") are a binding agreement between LIGHTNING CALLBACK        ("[Company]," "we," "us," or "our") and the business that registers for or uses Lightning Callback (the "Service"). In these Terms, "you" or "Customer" means that business and the individuals who use the Service on its behalf.

By creating an account, subscribing, or using the Service, you agree to these Terms and to our [Privacy Policy](./privacy-policy.md). If you do not agree, do not use the Service.

1. The Service

The Service is an always-on lead-capture assistant for local service contractors. When a customer calls and is not answered, or messages a contractor, the Service uses automated, AI-generated conversation to greet the customer, ask your qualifying questions, and hand you a ready-to-act lead. The Service generates leads for you to follow up on personally; it does not book appointments, provide self-scheduling links, quote prices, or give professional, technical, legal, or safety advice.

2. Eligibility and business use

You must be a business (or acting on behalf of one), located and operating in Tennessee, United States, and at least 18 years old with authority to bind your business. The Service is offered for commercial use only and is not intended for personal, family, or household use. You represent that your use of the Service complies with all laws applicable to your business.

3. Accounts and access

Access to your portal is provided through our website platform. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at caleb@lightningcallback.com of any unauthorized use. You are responsible for the accuracy of the configuration you provide (business details, forwarding number, qualifying questions, and greetings).

4. Subscriptions, fees, and billing

• Plans and fees. The Service is offered on subscription plans (Silver, Gold, and Diamond) at the prices and with the features described at sign-up or on our pricing page. We may change plans and prices prospectively on notice.

• Payment. Subscriptions are purchased and paid for through our website platform, Wix, and are subject to Wix's payment terms. By subscribing, you authorize the applicable recurring charges through Wix. We do not collect or store your payment card details; we receive only confirmation of the plan you have purchased.

• Auto-renewal. Paid subscriptions automatically renew each billing period until cancelled. You may cancel or change your plan at any time through Wix; changes take effect at the end of the current billing period.

• Refunds. Subscription fees will only be refunded on a prorated basis according to any technical difficulties or failures that take place on our part.

• Telephony charges. Certain features rely on phone numbers and messaging provided through Twilio; usage-based telephony costs may apply as described in your plan.

5. Your responsibilities regarding your customers' data

The Service captures personal information about your customers and leads (name, phone number, email, address, the nature of their inquiry, and a full conversation transcript). As between you and us, you decide what information to collect and how to use it, and you are the party responsible to your customers for that collection and use. Accordingly, you agree that:

• Consent to contact. You are solely responsible for ensuring you have all consents and legal bases required to contact your customers by phone call and text message, including compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM/anti-texting rules, carrier requirements (including A2P 10DLC registration), and any state analogs. You will honor opt-out requests (e.g., STOP).

• Notice and privacy compliance. You are responsible for providing your customers with any privacy notices and for complying with the Tennessee Information Protection Act (TIPA) and other privacy laws applicable to your business, including responding to your customers' requests to access, correct, or delete their information. We provide tools (including the ability to delete a lead from your portal, which permanently erases that lead's data on our systems) to help you meet these obligations.

• Lawful content. You will not use the Service to collect information you are not permitted to collect, or to contact persons who have asked not to be contacted.

• Our role. For the customer/lead data you collect through the Service, we act as your service provider / processor and will process that data to provide the Service and in accordance with our Privacy Policy and any data processing terms between us.

6. Acceptable use

You agree not to: (a) use the Service for any unlawful, deceptive, harassing, or fraudulent purpose; (b) send spam or messages to recipients who have not consented or have opted out; (c) misrepresent the Service or use it to impersonate others beyond the assistant's intended operation; (d) attempt to access accounts, data, or systems you are not authorized to access; (e) interfere with, overload, reverse engineer, or circumvent the security of the Service; (f) use the Service to collect sensitive data (such as Social Security numbers, government IDs, financial-account numbers, or health information); or (g) resell or provide the Service to third parties without our written consent. We may suspend or terminate accounts that violate this section.

7. AI-generated content; no professional advice; no guarantee of results

You understand and agree that:

• The assistant's messages are generated by automated AI systems and may be inaccurate, incomplete, or unsuitable for a given situation. You are responsible for reviewing each lead and for all follow-up decisions and communications with your customers.

• The Service does not provide professional, technical, legal, safety, or emergency advice, and must not be relied on for emergencies. You are responsible for how you handle urgent or emergency inquiries.

• We do not guarantee that the Service will capture every call or message, that leads will be accurate or convert, or that the Service will be uninterrupted or error-free.

8. Intellectual property

We and our licensors own all rights in the Service, including its software, models integration, and content (excluding your data and your customers' data). We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription for your internal business purposes. You retain ownership of your configuration and your lead data; you grant us the limited license needed to host and process that data to provide the Service and as described in the Privacy Policy.

9. Third-party services

The Service relies on third-party providers (including Anthropic, Twilio, Supabase, Vercel, and Wix — which also processes subscription payments). Your use of the Service is also subject to those providers' applicable terms, and we are not responsible for their acts or omissions. We may change providers as needed to operate the Service.

10. Disclaimers and limitation of liability

• "AS IS." THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

• Limitation. TO THE FULLEST EXTENT PERMITTED BY LAW, LIGHTNING CALLBACK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST LEADS, OR LOST DATA, ARISING OUT OF OR RELATING TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE [TWELVE (12)] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. [ATTORNEY: confirm cap and carve-outs; some liabilities may not be limitable under TN law.]

11. Indemnification

You will defend, indemnify, and hold harmless [Company] and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your collection, use, or handling of your customers' or leads' data, including any failure to obtain required consents (including TCPA/telephony consents) or to provide required notices; (c) your violation of these Terms or applicable law; or (d) content or instructions you configure into the Service.

12. Term, suspension, and termination

These Terms apply while you use the Service. You may stop using and cancel the Service at any time through Wix. We may suspend or terminate your access for violation of these Terms, non-payment, or to protect the Service or others. On termination, your right to use the Service ends. We will handle your data on termination as described in the Privacy Policy; you are responsible for exporting any lead data you wish to retain before termination.

13. Changes to the Service or these Terms

We may modify the Service and update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in the portal). Your continued use of the Service after changes take effect constitutes acceptance.

14. Governing law and venue

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. 

16. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy (and any order or DPA) are the entire agreement between you and us regarding the Service.

• Severability. If any provision is unenforceable, the rest remains in effect.

• No waiver. Our failure to enforce a provision is not a waiver.

• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

• Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.

• Notices. We may provide notices to you by email or through the portal.