Terms of Service

Last updated: September 2026

These Terms of Service ("Terms") govern your use of Booked Out ("the Service"). By signing up for or using the Service, you agree to these Terms.

1. The Service

Booked Out provides automated SMS follow-up sequences sent on behalf of service businesses ("Clients"). Clients submit estimate information through a web form; we send follow-up texts to their customers, route replies, and provide admin tools.

2. Client Responsibilities

By using Booked Out, you agree that:

  • You have a legitimate existing business relationship with every customer whose phone number you submit
  • You have obtained any required consent under applicable law (including TCPA) to send marketing or transactional SMS messages to those customers
  • You will not submit phone numbers of individuals who have previously opted out of communications from your business
  • You will not use the Service to send messages that are deceptive, fraudulent, illegal, or in violation of any applicable law
  • You are responsible for the accuracy of all information you submit

3. SMS Compliance

Booked Out complies with CTIA guidelines and A2P 10DLC carrier registration requirements. We process opt-out requests (STOP, UNSUBSCRIBE, etc.) immediately and maintain opt-out records. Clients may not instruct us to contact numbers that have opted out.

Clients are responsible for their own TCPA compliance, including obtaining written or express consent where required. Booked Out is not a law firm and this does not constitute legal advice.

4. Payment and Billing

  • Subscription fees are charged monthly in advance. The one-time setup fee (Tier 1) is charged at signup.
  • All fees are non-refundable except where required by law.
  • Cancellation requires 30 days written notice. You will be billed for the final 30-day period.
  • We reserve the right to change pricing with 30 days notice to active clients.

5. Acceptable Use

You may not use the Service to:

  • Send unsolicited messages (spam)
  • Impersonate any person or business other than your own
  • Send messages that are threatening, harassing, or abusive
  • Violate any applicable law or regulation
  • Resell or sublicense the Service to third parties

6. Service Availability

We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance and events outside our control (carrier outages, natural disasters, etc.) may result in downtime. We are not liable for damages caused by service interruptions.

7. Limitation of Liability

To the maximum extent permitted by law, Booked Out's total liability to you for any claim arising from or related to the Service is limited to the amount you paid us in the 3 months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages.

8. Indemnification

You agree to indemnify and hold Booked Out harmless from any claims, damages, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights, including TCPA claims arising from your customer list.

9. Termination

We may suspend or terminate your account immediately for material breach of these Terms, including any use that violates SMS laws or harms end customers. You may cancel with 30 days notice as described in Section 4.

10. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email with at least 14 days notice. Continued use after the effective date constitutes acceptance.

11. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Disputes shall be resolved in the courts of Maricopa County, Arizona.

12. Contact

Questions about these Terms: hello@bookedout.io