iHateMissingCalls

Terms of Service

Last updated: 2026-05-26 · Effective for users of iHateMissingCalls.

1. Agreement

These Terms of Service (the “Terms”) govern your access to and use of the iHateMissingCalls platform operated by Downtown Tactical LLC (“we,” “us,” or “our”). By creating an account or using the service, you agree to these Terms.

2. Eligibility

You must be at least 18 years old and authorized to bind your business to these Terms. The service is intended for use by trades businesses and their authorized personnel.

3. Account responsibilities

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You are responsible for all activity occurring under your account.
  • You will promptly notify us of any unauthorized access.

4. Acceptable use

You agree not to:

  • Use the service to violate any law or regulation.
  • Use the service to transmit spam or unsolicited commercial communications.
  • Attempt to interfere with, compromise, or disrupt the service.
  • Reverse-engineer or attempt to derive source code from the service.
  • Resell, sublicense, or otherwise commercially exploit the service without our prior written consent.

5. Compliance with telecommunications laws

You are solely responsible for ensuring your use of the service complies with all applicable telecommunications laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state two-party consent laws, and SMS opt-out requirements. We provide tools (recording disclosure, AI disclosure, opt-out tracking) to support compliance, but the obligation rests with you.

6. Free trial

New accounts may start a 14-day free trial. No credit card is required to start the trial. At the end of the trial, you will be asked to add a payment method to continue service; if no card is added, the subscription will be canceled automatically with no charge.

7. Fees and payment

  • Fees are billed in advance on a monthly or annual basis.
  • Voice-minute overage billing is not yet active. Each plan includes the minute pool listed on the pricing page; additional minutes are not currently charged. We will give written notice at least 30 days before any change.
  • You authorize us to charge your payment method for all fees due.
  • All fees are non-refundable except where required by law.

8. Service availability

We strive for high availability but do not guarantee uninterrupted service. We may perform maintenance with or without notice. Service downtime caused by upstream providers (Vapi, Twilio, Anthropic) is outside our control.

9. Termination

Either party may terminate the agreement at any time. Upon termination, your access to the service ends; we will retain and dispose of data per our Privacy Policy and the Data Processing Addendum.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12. Indemnification

You agree to indemnify and hold us harmless from claims arising out of: (a) your use of the service in violation of these Terms or applicable law, (b) your violation of any third-party rights, including TCPA or recording-consent claims by your callers.

13. Governing law and disputes

These Terms are governed by the laws of the State of Missouri, without regard to conflicts of law. Any dispute will be resolved in the state and federal courts located in Dallas County, Missouri, except where law requires otherwise.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated at least 30 days before they take effect. Continued use of the service after changes take effect constitutes acceptance.

15. SMS Messaging Program Terms

15.1 Program name

iHateMissingCalls SMS Program (the “SMS Program”).

15.1.5 How consumers opt in

A consumer becomes a recipient of the SMS Program only after they have placed an inbound phone call to a business that subscribes to iHateMissingCalls and have given affirmative verbal consent during that call. Near the end of the call, our automated voice assistant identifies itself as an automated assistant and asks the caller for consent to receive SMS — stating the message frequency (roughly one to four messages within twenty-four hours), the kinds of messages (callback confirmation, follow-up), that message and data rates may apply, and that they can reply STOP to opt out or HELPfor help. The consumer must answer affirmatively (“yes” or an equivalent) to be enrolled. The consumer’s verbal response is transcribed and timestamped. No SMS is sent unless this affirmative consent has been captured. We do not enroll any consumer through a web form, a purchased list, or any other channel. The complete step-by-step opt-in process, including the verbatim consent script, is published at ihatemissingcalls.com/sms-consent.

15.2 Description

When a consumer calls a business that subscribes to the iHateMissingCalls service, our AI receptionist may answer, capture intake details, and send SMS replies from the business phone number the consumer reached. The SMS Program sends conversational replies to consumer-initiated inquiries: callback confirmations, scheduling, appointment reminders, service status updates, and post-service communications. The SMS Program does not send marketing or promotional content under this Customer Care campaign.

15.3 Message and data rates

Message and data rates may apply. Standard carrier rates apply to all SMS messages sent or received. Consumers should consult their mobile carrier for details about their messaging plan.

15.4 Message frequency

Message frequency varies based on the consumer’s interaction with the subscribing business. A typical inquiry may result in 1–4 messages within 24 hours of the initial call.

15.5 Help and customer support

For help with the SMS Program, reply HELP to any message received from the SMS Program, or contact us at legal@ihatemissingcalls.com. For questions related to the specific business that contacted you, reply to the message directly or call the number that contacted you.

15.6 Opting out

To stop receiving messages, reply STOP to any message received from the SMS Program. Opt-out is honored immediately and across all future communications from iHateMissingCalls sent on behalf of the subscribing business.

15.7 Mobile information and privacy

Mobile phone numbers and information collected as part of the SMS opt-in process will not be shared with or sold to third parties for marketing or promotional purposes. Mobile opt-in data is used solely to deliver the SMS messages described in this section on behalf of the subscribing business, and to operate and improve the iHateMissingCalls service. Standard service-provider sharing (e.g. with Twilio as the SMS carrier and our other sub-processors listed in our Data Processing Addendum) is covered by our Privacy Policy and is limited to what is needed to deliver the messages.

16. Contact

legal@ihatemissingcalls.com