1. Agreement to Terms
These Terms of Service ("Terms") are a binding agreement between you and Dispatchly Inc. ("Dispatchly," "we," "our," or "us"). By accessing or using our website, application, or services (collectively, the "Services"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
2. Description of Service
Dispatchly is field-service management software for service-provider businesses (e.g. HVAC, plumbing, electrical, cleaning, pest control). The Services include job scheduling, technician dispatch, SMS notifications to end-customers, photo documentation, customer communication tools, and reporting. We may modify, suspend, or discontinue any part of the Services at any time, with reasonable notice for material changes.
3. Account Registration
To use Dispatchly, you must:
- Be at least 18 years old and have the legal capacity to enter contracts
- Be a legitimate service-provider business or its authorized representative
- Provide accurate and complete registration information and keep it updated
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access at security@getdispatchly.co
- Be responsible for all activities under your account, including those of your technicians
4. Subscription & Payment Terms
- Subscription fees are billed monthly or annually in advance
- Payments are processed securely through Stripe
- SMS messages are billed at standard carrier rates plus our pass-through cost (currently approximately $0.0079 per outbound segment, $0.0075 per inbound segment); these are itemized on your invoice
- You may cancel at any time from your account settings; service continues through the end of the paid period
- No refunds for partial billing periods
- Failed payments may result in service suspension after 7 days of unsuccessful retries
5. Messaging Program Terms (SMS Notifications)
Program description: Dispatchly enables service-provider businesses to send transactional SMS notifications to their end-customers about scheduled appointments. End-customers consent to receive these messages by providing their phone number to the service-provider business at the time of booking — verbally over the phone, in person at the time of service, or via a service-request form on the business's website.
Message types end-customers may receive:
- Appointment confirmations
- Technician dispatch and ETA notifications
- Job-status updates (en-route, working, on-hold, complete)
- Job-completion notifications with invoice details
- Follow-up requests and rating prompts
Sample messages:
- "Hi {name}, this is {business}. Your appointment is confirmed for {date} at {time}. Reply STOP to opt out."
- "Your technician {tech} is en route to {address} — ETA approximately {time}. Reply STOP to opt out."
- "Job complete at {address}. Total: ${amount}. View receipt: {link}. Reply STOP to opt out."
Frequency: Message frequency varies based on appointment activity. Typical jobs generate 3–6 messages over the course of the appointment lifecycle.
Cost: Message and data rates may apply per the recipient's mobile plan. Dispatchly does not charge end-customers for messages.
Opt-out: Recipients can opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. They will receive a single confirmation message and no further messages will be sent. Reply HELP for support information.
Carrier disclaimer: Mobile carriers (including AT&T, T-Mobile, Verizon, and others) are not liable for delayed or undelivered messages. Dispatchly cannot guarantee delivery to all carriers or in all geographic areas.
Customer obligations (for service-provider businesses using Dispatchly): You agree that you will only use the SMS notification feature to message end-customers who have provided their phone number directly to your business in the context of booking a service appointment. You will not message phone numbers obtained from third-party lists, lead-generation services, public directories, or any source other than direct customer interaction. Violation of this provision is grounds for immediate account suspension and potential reporting to mobile carriers.
6. Acceptable Use
You agree not to use Dispatchly to:
- Send unsolicited commercial messages, spam, or marketing messages without proper consent
- Message recipients on the National Do Not Call Registry without an established business relationship
- Send content prohibited by carriers, including but not limited to: cannabis, firearms, gambling, payday loans, illegal substances, hate speech, sexually explicit content, or fraudulent claims
- Use shortened URLs (bit.ly, tinyurl, etc.) — use full URLs only
- Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, GDPR, CCPA, or any other applicable law
- Infringe on intellectual property rights of others
- Transmit viruses, malicious code, or attempt to compromise system security
- Harass, abuse, threaten, or harm others
- Reverse-engineer, scrape, or attempt to extract source code from the Services
- Resell or sublicense the Services without our written permission
We reserve the right to suspend or terminate accounts that violate these provisions, with or without notice depending on the severity of the violation.
7. Data Ownership & License
You retain all ownership rights in the data you input into Dispatchly, including customer information, job details, photos, and business data ("Customer Data"). You grant Dispatchly a worldwide, non-exclusive, royalty-free license to use, reproduce, store, and process Customer Data solely to: (a) provide and improve the Services, (b) ensure security and prevent fraud, (c) comply with legal obligations, and (d) generate aggregated, de-identified analytics. We will not use Customer Data for marketing or sell it to third parties.
8. Compliance Responsibility
You are responsible for ensuring your use of Dispatchly complies with all applicable laws and regulations including the TCPA, CAN-SPAM Act, GDPR, CCPA, state privacy laws, and CTIA messaging guidelines. You represent and warrant that you have obtained any necessary consents from end-customers before using their information in the Services. Dispatchly is not liable for your violations of applicable law.
9. Disclaimer of Warranties
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.
10. Limitation of Liability
To the maximum extent permitted by law, Dispatchly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from your use of or inability to use the Services. Our total cumulative liability shall not exceed the amount you paid us in the twelve months preceding the claim, or one hundred U.S. dollars, whichever is greater.
11. Indemnification
You agree to indemnify, defend, and hold harmless Dispatchly, its officers, directors, employees, agents, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any law or third-party right, (d) the content you submit to the Services, or (e) SMS messages sent through your account.
12. Termination
We may terminate or suspend your account at any time for violation of these Terms, with or without prior notice depending on the severity of the violation. You may cancel your subscription at any time from your account settings. Upon termination: (a) your right to use the Services ceases immediately, (b) your data is retained per the schedule in our Privacy Policy, and (c) any outstanding fees become immediately due. Sections 7–11 and 13–16 survive termination.
13. Changes to These Terms
We may modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance.
14. Dispute Resolution & Arbitration
Any dispute arising from these Terms or the Services shall first be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware. You waive any right to participate in a class action.
15. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Any litigation not subject to arbitration shall be brought exclusively in the state or federal courts located in Wilmington, Delaware.
16. Miscellaneous
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Dispatchly regarding the Services. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger or sale.
17. Contact
General questions: legal@getdispatchly.co
Privacy questions: privacy@getdispatchly.co
Security issues: security@getdispatchly.co