Terms and Conditions

Effective Date: January 1, 2026

These Terms and Conditions ("Terms") govern your access to and use of the Nearby Calls website, software, services, communications, and related offerings (collectively, the "Services").

By accessing our website, creating an account, submitting information, purchasing services, or otherwise using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you should not use the Services.

About Nearby Calls

Nearby Calls helps local businesses increase visibility, improve online reputation, generate customer reviews, and attract more customer calls through Google Business Profile optimization, reputation management, marketing automation, and related services.

Contact Information:

Nearby Calls

405 N Jefferson Ave

Springfield, MO 65806

Phone: (877) 848-5774

Email: team@nearbycalls.com

Eligibility

You must be at least 18 years of age and capable of entering into legally binding agreements to use our Services.

By using our Services, you represent and warrant that you meet these requirements.

Services

Nearby Calls may provide services including but not limited to:

• Google Business Profile optimization
• Reputation management
• Review generation systems
• Customer feedback collection
• Marketing automation
• SMS and email communications
• AI-assisted content creation
• Business profile management
• Local search optimization
• Reporting and analytics
• Software access and platform tools

Service offerings may be modified, expanded, suspended, or discontinued at any time.

Client Responsibilities

You agree to provide accurate and complete information necessary for us to deliver services.

You are responsible for:

• Maintaining accurate account information
• Protecting login credentials
• Providing lawful content
• Obtaining any required customer permissions or consents
• Complying with applicable laws and regulations
• Reviewing and approving content when appropriate

You agree not to use the Services for unlawful, deceptive, fraudulent, abusive, or harmful purposes.

Customer Data and Permissions

If you provide customer contact information or other personal data to Nearby Calls, you represent and warrant that you have obtained all permissions, authorizations, and consents required by applicable law.

You are solely responsible for compliance with:

• TCPA
• CAN-SPAM
• State privacy laws
• Consumer protection laws
• SMS regulations
• Email marketing regulations
• Data protection requirements

Nearby Calls may rely upon your representations regarding lawful collection and use of such information.

SMS Communications

By providing a phone number and opting into communications, you consent to receive text messages from Nearby Calls.

Message frequency varies.

Message and data rates may apply.

Consent is not a condition of purchase.

You may opt out at any time by replying STOP.

For assistance, reply HELP or contact us directly.

Nearby Calls does not guarantee message delivery and is not responsible for delays or failures caused by mobile carriers or third-party communication providers.

Email Communications

You may receive service-related emails, account notifications, transactional communications, and marketing messages.

You may unsubscribe from marketing communications at any time using the unsubscribe mechanism included in such messages.

Service-related communications may continue as necessary to administer your account.

Google Business Profile Services

Nearby Calls may assist with the optimization, management, monitoring, and improvement of Google Business Profiles.

Google maintains sole authority regarding:

• Rankings
• Search visibility
• Suspensions
• Verifications
• Policy enforcement
• Review moderation
• Profile ownership

Nearby Calls has no control over Google's decisions and cannot guarantee rankings, visibility, call volume, review volume, leads, or revenue.

Past performance does not guarantee future results.

Reviews and Reputation Management

Nearby Calls facilitates legitimate customer feedback and review generation.

We do not:

• Purchase reviews
• Fabricate reviews
• Incentivize reviews in violation of platform policies
• Guarantee review volume
• Guarantee review ratings

Clients remain responsible for complying with review platform guidelines and policies.

AI-Assisted Services

Certain Services may utilize artificial intelligence, machine learning, automation tools, and related technologies.

These tools may assist with:

• Content generation
• Review responses
• Business profile updates
• Marketing recommendations
• Customer communications
• Reporting and analysis

AI-generated content may contain inaccuracies, omissions, or errors.

You remain solely responsible for reviewing, approving, and verifying all content prior to publication or use.

Nearby Calls disclaims responsibility for actions taken based upon AI-generated content or recommendations.

Software Access and Platform Use

Nearby Calls may provide access to proprietary software, dashboards, automation systems, reporting tools, or third-party technology platforms as part of the Services.

Access is granted as a limited, revocable, non-transferable license.

You may not:

• Reverse engineer software
• Resell access
• Attempt unauthorized access
• Copy proprietary systems
• Circumvent security measures
• Interfere with platform functionality

Nearby Calls may suspend or revoke access at any time for violations of these Terms.

Intellectual Property

All software, systems, branding, content, processes, methodologies, designs, reports, graphics, and materials created by Nearby Calls remain the property of Nearby Calls unless otherwise agreed in writing.

Clients retain ownership of:

• Business names
• Logos
• Trademarks
• Customer information
• Business data supplied by the client

No ownership rights are transferred except where expressly stated.

Fees and Payments

Fees are due according to the selected service plan or agreement.

By purchasing services, you authorize Nearby Calls to charge applicable fees using your designated payment method.

Failure to maintain valid payment information may result in suspension or termination of Services.

Unless otherwise stated:

• Fees are non-refundable
• Partial months are not prorated
• Setup fees are non-refundable
• Previously rendered services remain payable

Nearby Calls reserves the right to change pricing with reasonable notice.

Subscription Services

Certain Services operate on recurring subscription billing.

Subscriptions automatically renew unless cancelled prior to the next billing date.

Clients may cancel recurring services by providing notice prior to renewal.

Cancellation does not eliminate outstanding balances already incurred.

Third-Party Platforms

Nearby Calls may interact with third-party providers including search engines, social media platforms, communications providers, payment processors, analytics systems, hosting providers, artificial intelligence tools, and software vendors.

Nearby Calls is not responsible for:

• Third-party outages
• Policy changes
• Account suspensions
• Service interruptions
• Platform errors
• Data loss caused by third parties

Use of third-party services remains subject to the terms and policies of those providers.

Disclaimer of Warranties

Services are provided on an "as-is" and "as-available" basis.

To the fullest extent permitted by law, Nearby Calls disclaims all warranties, whether express or implied, including warranties of:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Availability
• Accuracy
• Performance

Nearby Calls does not guarantee:

• Rankings
• Calls
• Leads
• Reviews
• Revenue
• Search visibility
• Business growth
• Platform uptime

Limitation of Liability

To the maximum extent permitted by law, Nearby Calls shall not be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages.

This includes but is not limited to:

• Lost profits
• Lost revenue
• Lost business opportunities
• Reputation damage
• Data loss
• Service interruptions

Nearby Calls' total cumulative liability shall not exceed the amount paid by the client to Nearby Calls during the twelve (12) months preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Nearby Calls, its owners, employees, contractors, affiliates, and partners from any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your use of the Services
• Violation of these Terms
• Violation of applicable laws
• Customer disputes
• Data privacy violations
• Unauthorized communications
• Content supplied by you

Termination

Nearby Calls may suspend or terminate Services at any time if:

• Payments become delinquent
• These Terms are violated
• Fraudulent activity is suspected
• Continued service presents legal or operational risk

Upon termination:

• Access to Services may be revoked
• Data retention policies may apply
• Outstanding balances remain due

Governing Law

These Terms shall be governed by and construed under the laws of the State of Missouri, without regard to conflict of law principles.

Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Greene County, Missouri.

Changes to These Terms

Nearby Calls may update these Terms from time to time.

Updated versions will be posted on this page with a revised effective date.

Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

Contact Information

Nearby Calls

405 N Jefferson Ave

Springfield, MO 65806

Phone: (877) 848-5774

Email: team@nearbycalls.com