Terms of Service

Effective Date: September 28, 2026
Last Updated: September 28, 2026
Last Reviewed: September 28, 2026
Next Review Due: March 28, 2027

These Terms of Service are an agreement between you (the "Client") and ARC DEV SYSTEMS LLC, a Texas limited liability company doing business as Recall Systems ("Recall Systems," "we" or "us"). They apply when you buy, access or use the Services, or when you check the agreement box at checkout. Our Privacy Policy is part of these Terms.

IMPORTANT: Section 22 contains a binding arbitration agreement and a class action waiver.

1. Definitions

• Account: the login, profile and workspace we create for your business, plus every user you add to it.
• Client Content: everything you or your team upload or send in, including text, photos, logos, business details, customer lists and leads.
• Platform: the Recall Systems software platform. It runs on a GoHighLevel-based environment that we provide to you under the Recall Systems name.
• Services: the Platform together with your website, business phone numbers, SMS/MMS messaging, voice calling, automations, marketing tools, CRM and review tools.
• Subscription: the paid plan you choose and the billing cycle that comes with it.

2. Eligibility and Account

• You must be at least 18, legally able to sign a contract, and using the Services for a lawful business.
• Everything that happens in your Account is your responsibility, including what your employees and contractors do in it.

3. Services

We provide marketing technology, websites and automation built for home service businesses and other contractors. Which features you get depends on your plan.

We may add, change or retire features over time. We will not materially cut the core functionality of your plan without giving you notice first.

4. Subscription Plans and Pricing

• Billing options: pay month to month, or prepay a 3-month commitment.
• 3-month bonus: a prepaid 3-month commitment comes with a one-time Google Business Profile optimization, valued at $400, at no extra charge.
• Price changes: we will give you at least 30 days' notice before changing the price of your plan.

5. Billing, Auto-Renewal, and Payment

• Your Subscription is charged in advance and renews automatically at the then-current rate until you cancel.
• Payments are handled by Stripe.
• Our fees do not include taxes. You are responsible for any sales, use, value-added or similar taxes that apply.

6. Usage-Based Charges (Rebillable Costs)

Phone and messaging usage is passed through to you at the following rates:

We may change these rates with 30 days' notice. You keep a prepaid digital wallet on your Account to cover usage charges, and it tops itself up automatically whenever the balance drops below the set threshold.

7. No Refund Policy

Every payment is final and non-refundable. That includes Subscription fees, usage charges and prepaid commitments.

Your Services are custom-built for your business, work on them starts as soon as you pay, and that work cannot be undone.

8. No Chargebacks

You agree not to dispute or reverse any charge with your bank or card issuer. Filing a chargeback is a material breach of these Terms.

If you file one, we may send evidence to your card issuer, suspend or close your Account, and seek to recover the amount owed plus our legal and collection costs.

9. Free Trials and Promotions

• A trial may include only limited setup. Full service begins once paid billing starts.
• Promotional pricing lasts for the stated period, then switches to the standard rate.

10. Service Delivery

Your Services count as delivered once your website is complete and your Platform and automation setup is finished.

A standard build takes 7 to 10 business days from the day we receive your completed onboarding form.

11. Payment Failures and Suspension

• If a payment fails, we retry it up to 4 times over 3 weeks.
• If it is still unpaid 48 hours after the first failed attempt, we may suspend your access.
• If your balance stays unpaid for 30 days, we may terminate your Account and delete or archive your content.

12. Cancellation

You can cancel at any time through the Platform or by contacting support. Cancellation takes effect at the end of your current billing cycle, and no prepaid or unused time is refunded.

13. Intellectual Property

13.1 Our IP

We own the Platform, our software, templates, automations and brand. While your Subscription is active, you get a limited, non-exclusive, non-transferable and revocable license to use them for your own internal business purposes.

13.2 Your Content

You keep ownership of your Client Content. You give us a non-exclusive, worldwide, royalty-free license to host and process it so we can provide the Services.

13.3 Websites and Domains

Your website is licensed to you, not sold to you, and it is hosted on our infrastructure. When your Subscription ends, your right to use the website ends too, and we are not required to hand over its source code, theme or templates.

You keep the custom content you supplied, such as your text, images and logos. If your domain was registered through us, we will transfer the registration to you on request, subject to a transfer fee.

13.4 Feedback

If you send us ideas or feedback, we may use them freely, forever, without owing you anything.

14. Acceptable Use

You may not use the Services to:

• send spam or unlawful messages;
• violate the TCPA, CAN-SPAM, A2P 10DLC carrier rules or state privacy laws (including the CCPA/CPRA, VCDPA, CPA, CTDPA, TDPSA and OCPA);
• harass anyone, or promote an illegal business or activity;
• reverse-engineer the Platform;
• resell or sublicense the Services, or run them as a service bureau for others;
• build a competing product;
• get around our security; or
• upload malware or other harmful code.

15. Client Compliance Obligations

15.1 You Are the Sender

You, not Recall Systems, are the sender of every text, picture message, call and email that goes out through the Platform. You alone are responsible for getting consent and keeping proof of it, honoring opt-outs, including required disclosures, scrubbing against do-not-call lists, meeting A2P 10DLC carrier requirements, and following state privacy laws.

15.2 Privacy and Data Protection

For personal information you put into the Services, you are the "controller" or "business" and we are the "processor" or "service provider." Our separate Data Processing Addendum governs that relationship and is part of these Terms.

15.3 Your Indemnity

You will indemnify us against any claim that arises from your communications or your handling of personal data.

16. Call Recording

We record our sales, onboarding and support calls for quality assurance, training, record-keeping and resolving disputes. We tell you at the start of the call, and staying on the call means you consent.

17. Term and Termination

These Terms apply for as long as you have a Subscription or use the Services. When your Account ends, your access stops right away.

We keep your Client Content for 30 days after termination so you can export it. After that, we may delete or archive it. Exporting your data before termination is your responsibility.

The sections on intellectual property, indemnification, limitation of liability, dispute resolution and governing law continue to apply after termination.

18. SMS Terms (A2P 10DLC)

• Standard message and data rates may apply.
• Reply STOP to opt out, or HELP for support.
• Consent may be collected through website forms, in writing on paper, or verbally.
• We cannot guarantee that every message will be delivered.

19. Disclaimers

The Services are provided "as is" and "as available," without warranties of any kind.

We do not guarantee any particular result, including a specific number of leads, sales, amount of revenue or search ranking.

20. Indemnification

You will defend and indemnify Recall Systems against third-party claims arising from your use of the Services, your content, your communications (including claims under the TCPA, CAN-SPAM or CIPA), your processing of data, or your violation of any law or anyone's rights.

21. Limitation of Liability

We are not liable for indirect, incidental, special, consequential or punitive damages.

Our total liability is capped at the greater of (a) the amount you paid us in the 12 months before the claim, or (b) $100.

22. Dispute Resolution; Binding Arbitration; Class Action Waiver

• Talk to us first: before filing any claim, email team@recall-systems.com and give us 30 days to try to resolve it informally.
• Arbitration: any dispute we can't resolve goes to binding individual arbitration under the American Arbitration Association's Commercial Arbitration Rules, held in Texas or conducted remotely.
• Class action waiver: claims may be brought only individually, never as part of a class or representative action.
• Exceptions: either of us may bring a claim in small claims court, or ask a court for injunctive or equitable relief to protect intellectual property.
• Opting out: you can opt out of arbitration within 30 days of first accepting these Terms by emailing team@recall-systems.com with the subject line "Arbitration Opt-Out."

23. Governing Law and Venue

Texas law governs these Terms. Any claim that is not subject to arbitration must be brought in the state or federal courts in the Texas county where ARC DEV SYSTEMS LLC has its principal place of business.

24. Force Majeure

Neither of us is responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, pandemics, government action, telecom or platform outages, or labor disputes.

25. Assignment

You may not transfer these Terms without our consent. We may transfer them freely, including as part of a merger, acquisition, financing or sale of assets.

26. Notices

We may send you notices by email, through the Platform, or by posting them on our website. Send your notices to team@recall-systems.com.

27. Changes to These Terms

If we make a material change, we will give you 30 days' notice by email or on our website. Continuing to use the Services after that means you accept the updated Terms.

28. Miscellaneous

• Entire agreement: these Terms, our Privacy Policy, the DPA and any order form are the whole agreement between us.
• Severability: if a court strikes any part, the rest still applies.
• No waiver: if we wait to enforce a right, we have not given it up.
• No third-party beneficiaries: only you and we can enforce these Terms.
• Independent contractors: nothing here makes us partners, joint venturers, agents or employer and employee.
• Survival and headings: terms meant to outlast termination do, and headings are for convenience only.

29. Consent and Agreement

By purchasing, or by checking the agreement box at checkout, you confirm that you accept these Terms, the No Refund Policy, the chargeback waiver, and the arbitration agreement and class action waiver (subject to your right to opt out).

30. Contact

Recall Systems, a brand of ARC DEV SYSTEMS LLC

• Email: team@recall-systems.com
• Privacy: team@recall-systems.com
• Web: www.recall-systems.com