Terms of Service

Effective Date: May 11, 2026 · Last Updated: May 11, 2026

These Terms of Service ("Terms") govern your use of TextBooker AI (the "Service"), operated by Home Sports Turf Inc. (hereafter "HST Inc."), a corporation registered in Alberta, Canada ("we", "us", "our"). By creating an account, accessing the Service, or texting a TextBooker AI business phone number, you agree to these Terms.

1. The Service

TextBooker AI is a software-as-a-service platform that provides AI-powered SMS appointment booking for service businesses. The Service includes:

• A web dashboard at textbookerai.com
• An iOS mobile application
• A backend that processes SMS messages, manages appointments, and runs AI conversations on behalf of subscribed businesses
• Integration with third-party services including Twilio (SMS), Stripe (payments), and AI providers (Anthropic, xAI, Google)

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into a binding contract on behalf of yourself or the business you represent. The Service is intended for businesses operating in Canada and the United States. By using the Service, you represent that:

• You are the owner or authorized operator of the business associated with your account
• You will obtain proper consent from your customers before they receive automated SMS messages, in compliance with applicable laws (CASL in Canada, TCPA in the US)
• You will not use the Service for prohibited purposes (see Section 6)

3. Accounts and Security

• You are responsible for maintaining the confidentiality of your account credentials (email, password, magic link tokens, session cookies)
• You are responsible for all activity that occurs under your account
• Notify us immediately at info@textbookerai.com of any unauthorized access
• We may suspend or terminate accounts that violate these Terms

4. Subscription, Trials, and Billing

4.1 Free Trial

New accounts may receive a free trial period (typically 14 days). During the trial, you may use the Service without payment. You may cancel at any time during the trial by deleting your account; no charges will apply.

4.2 Paid Plans

After the trial, continued use requires a paid subscription. Plans and pricing are described on textbookerai.com. Subscriptions auto-renew monthly or annually until cancelled. You authorize us to charge your payment method (via Stripe) for each billing period.

4.3 Cancellation and Refunds

You may cancel your subscription at any time from the dashboard settings. Cancellation takes effect at the end of the current billing period. We do not issue prorated refunds for partial months. Refunds for special circumstances (e.g. service outages exceeding our SLA) are evaluated case-by-case.

4.4 Twilio Number Costs

Your subscription includes the cost of one Twilio business phone number and a reasonable monthly SMS volume. Excessive volume (more than 2,000 messages/month on the Pro plan) may incur additional charges, with prior notice.

4.5 Price Changes

We may change prices with at least 30 days' notice via email. New prices apply to your next renewal. Continued use after the notice period constitutes acceptance of the new pricing.

5. Customer SMS Communications

The Service sends and receives SMS messages on your behalf via Twilio. As the business owner, you are the legally responsible "sender" of these messages. You agree to:

• Obtain proper opt-in consent from your customers before they begin receiving messages
• Honor opt-out requests immediately (Twilio handles STOP/UNSUBSCRIBE/CANCEL automatically)
• Comply with CASL (Canada), TCPA (US), and any other applicable laws governing SMS marketing
• Not use the Service to send spam, fraudulent messages, or unlawful content
• Not transmit messages on behalf of any business other than the one associated with your account

You acknowledge that the AI may occasionally make mistakes (such as double-booking, misinterpreting customer requests, or providing incorrect pricing). You agree to monitor conversations regularly and take over manually when needed. We provide tools (the AI Monitor, push notifications, manual takeover) to support this responsibility, but the final accountability lies with you as the business owner.

6. Prohibited Uses

You may not use the Service to:

• Send spam, phishing, or unsolicited bulk messages
• Engage in deceptive or fraudulent business practices
• Promote illegal goods or services (cannabis without proper licensing, weapons, controlled substances, gambling without proper licensing)
• Distribute malware or attempt to breach our systems
• Reverse engineer, decompile, or attempt to extract source code
• Resell or sublicense access to the Service without our written permission
• Use automated tools to scrape data from the Service
• Interfere with other tenants' use of the Service

7. Intellectual Property

We retain all rights, title, and interest in the Service, including the software, branding, and content. You retain all rights to your business data (customer phone numbers, conversation history, appointment records). By using the Service, you grant us a limited license to process your data as needed to provide the Service.

8. Service Availability

We strive for high availability (target: 99.5% uptime monthly) but do not guarantee uninterrupted service. Planned maintenance, third-party outages (Twilio, AI providers, Hostinger), or unexpected incidents may cause downtime. We are not liable for indirect losses caused by service interruptions.

9. Data Ownership and Export

Your business data (customer records, appointments, conversations) belongs to you. On request, we will provide a JSON export within 30 days. If you cancel your account, we delete your data within 90 days (except where retention is required by law).

10. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. WE ARE NOT LIABLE FOR LOST PROFITS, LOST CUSTOMERS, OR OTHER INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

11. Indemnification

You agree to indemnify and hold harmless HST Inc., its officers, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party rights — especially claims arising from SMS messages sent to your customers.

12. Termination

Either party may terminate this agreement at any time. We may suspend or terminate your account for material breach of these Terms (e.g. spam, fraud, non-payment). Upon termination, your subscription ends, and your data is handled per Section 9.

13. Governing Law

These Terms are governed by the laws of the Province of Alberta, Canada. Disputes will be resolved in the courts of Calgary, Alberta. If you reside outside Canada, you agree that Canadian law governs and Alberta is the proper venue.

14. Changes to These Terms

We may update these Terms periodically. Material changes will be communicated by email at least 14 days before taking effect. Continued use of the Service after the effective date constitutes acceptance.

15. Contact