DUIM TECH TERMS OF SERVICE
Effective Date: September 16, 2026
These Terms of Service (the “Terms”) govern the purchase and use of the missed-call text-back, automation, setup, support, and related services provided by [Lance Robertson], doing business as Duim Tech (“Duim Tech,” “we,” “us,” or “our”). The person or business purchasing or using the Services is referred to as the “Client,” “you,” or “your.”
By checking the acceptance box, clicking the payment button, signing an order or service agreement, or purchasing or using the Services, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy. If you are accepting these Terms for a business, you represent that you have authority to bind that business.
1. Services
Duim Tech provides a software-enabled missed-call text-back service designed to send automated text messages after qualifying missed calls. Depending on the package purchased, the Services may include account configuration, message customization, automated follow-up, testing, launch assistance, and ongoing technical support.
The exact features included are those displayed on the applicable checkout page, order form, proposal, or written service description at the time of purchase. Any work outside that scope requires separate written approval and may involve additional fees.
The Services assist with responding to missed calls but do not replace the Client’s staff, guarantee that every call or message will be delivered, or guarantee leads, appointments, sales, revenue, or any other business result.
2. Business Use
The Services are offered for legitimate business use. You represent that all information you provide is accurate and that you will use the Services only for lawful purposes. You may not use the Services to send unlawful, deceptive, fraudulent, abusive, harassing, or unsolicited communications.
3. Setup and Activation
Setup may require information, approvals, access, documents, or cooperation from you. You agree to provide requested materials promptly, including accurate business information, phone-number information, messaging use cases, consent language, website information, and any documents required for carrier, platform, A2P, toll-free, or other registration.
For purposes of these Terms, the “Activation Event” occurs when:
1. required messaging registration or approval has been obtained, if applicable;
2. the purchased system has been materially configured and tested; and
3. Duim Tech sends you a written notice that the system is ready to go live.
The Activation Event does not depend on whether you immediately begin using the system, receive a missed call, obtain a lead, or generate revenue. Delays caused by your failure to provide required information, access, approval, or cooperation do not constitute a breach by Duim Tech.
4. Third-Party and A2P Approvals
Messaging registration and delivery may depend on third parties, including carriers, telephone providers, messaging platforms, payment processors, and registration authorities. Duim Tech cannot guarantee approval, approval timing, uninterrupted availability, message delivery, carrier acceptance, or continued access to any third-party service.
An estimated setup or approval timeframe is an estimate only, not a guarantee. A carrier, platform, or registration authority may request additional information, delay review, reject an application, suspend messaging, filter messages, change its requirements, or revoke approval. We may reasonably modify the setup or messaging configuration to address those requirements.
If registration is rejected because information supplied by you is inaccurate, incomplete, misleading, noncompliant, or cannot be verified, you remain responsible for amounts already charged and for reasonably cooperating with correction or resubmission efforts.
5. Fees and Billing Authorization
5.1 Monthly Subscription
You authorize Duim Tech and its payment processor to charge $297 at the time of purchase as prepayment for your first month of service. Setup and required configuration take place before the active service period begins. Your first active monthly service period begins on the date your system is activated, after the one-time setup fee described in Section 5.2 is charged. Your next $297 recurring payment is due one month after that activation date, with subsequent $297 payments due monthly based on the activation date until canceled in accordance with Section 6. No additional $297 recurring payment is due while setup or required approvals are pending before activation.
5.2 One-Time Setup Fee (Activation and Implementation Fee)
You authorize Duim Tech and its payment processor to charge a one-time $500 setup fee (also referred to in these Terms as the “Activation and Implementation Fee”) to your saved payment method upon the Activation Event described in Section 3, when configuration is complete and the system is ready for activation. The system is then activated, and the active monthly service period begins on that activation date. This charge may be processed when you are not actively present at checkout and without requiring you to re-enter your payment information. Duim Tech will send written notice that the system is ready to go live and will provide a payment receipt after a successful charge.
5.3 Stored Payment Method
You expressly authorize our payment processor to securely store or tokenize the payment method used at checkout and authorize Duim Tech to use that payment method only for the charges described in these Terms and any other charge you separately approve in writing. Duim Tech does not receive or store your complete card number.
5.4 Taxes and Processing
Prices do not include applicable sales, use, excise, or similar taxes unless the checkout page expressly states otherwise. You are responsible for applicable taxes, excluding taxes based on Duim Tech’s net income.
5.5 Failed Payments
If a payment fails, you authorize Duim Tech or its payment processor to retry the payment as permitted by law and applicable payment-network rules. We may suspend the Services until outstanding amounts are paid. You remain responsible for valid charges and any lawful collection costs.
6. Cancellation
You may cancel the monthly subscription at any time before the next scheduled renewal by emailing [contact@duimtec.com] with the business name and a clear request to cancel. Cancellation prevents future monthly renewal charges after the cancellation becomes effective. Access to the Services may continue through the end of the already-paid billing period and will then terminate.
Canceling the monthly subscription does not reverse charges already earned or processed. If the Activation Event occurred before your cancellation request became effective, the $500 Activation and Implementation Fee remains due. If you cancel before the Activation Event, the $500 fee will not be charged.
Duim Tech may cancel or suspend the Services if you fail to pay, violate these Terms, use the Services unlawfully, create a security or compliance risk, or fail to provide information reasonably necessary to deliver the Services.
7. Refund Policy
Except where required by law or expressly stated in writing by Duim Tech:
* monthly subscription payments are nonrefundable once charged;
* partial billing periods are not prorated or refunded;
* the $500 Activation and Implementation Fee is nonrefundable after the Activation Event; and
* third-party, carrier, registration, usage, telephone, messaging, or similar charges already incurred are nonrefundable.
If Duim Tech processes a charge after receiving a timely and valid cancellation that should have prevented that charge under these Terms, contact [contact@duimtec.com] so the charge can be reviewed and corrected.
8. Client Responsibilities and Messaging Compliance
You are responsible for your business, offers, customer relationships, contact lists, call handling, message content, and use of the Services. You agree to:
1. obtain and maintain all permissions, consents, disclosures, and records required for calls and text messages;
2. honor opt-out, revocation, do-not-call, and do-not-contact requests promptly;
3. provide truthful sender identification and business information;
4. avoid purchased, scraped, or unlawfully obtained contact lists;
5. comply with applicable federal, state, and local laws and rules, including those governing telemarketing, automatic dialing, text messaging, privacy, advertising, and consumer protection; and
6. comply with carrier, platform, registration, and payment-processor rules.
You are responsible for obtaining legal advice concerning your specific communications and business practices. Duim Tech may provide operational suggestions, templates, or default language, but such materials are not legal advice and do not transfer your compliance obligations to Duim Tech.
9. Service Changes and Availability
We may update, modify, replace, or discontinue features when reasonably necessary to improve the Services, address security or compliance issues, respond to third-party changes, or maintain functionality. We will use commercially reasonable efforts to avoid materially reducing the core purchased service without notice.
The Services may occasionally be unavailable because of maintenance, software issues, internet or carrier outages, third-party failures, security events, or circumstances outside our reasonable control.
10. Accounts, Access, and Security
You are responsible for safeguarding login credentials and limiting account access to authorized persons. Notify Duim Tech promptly if you suspect unauthorized access, credential compromise, or misuse. You are responsible for activity performed through credentials or systems under your control unless caused by Duim Tech’s failure to use reasonable security measures.
11. Data and Privacy
Our collection and handling of personal information are also governed by our Privacy Policy. Each party will use reasonable safeguards appropriate to the information it controls.
You represent that you have the right to provide all data, contact information, content, and instructions submitted through the Services. You authorize Duim Tech and its service providers to process that information as reasonably necessary to provide, secure, support, and improve the Services and to comply with law.
You are responsible for retaining any records that your business is legally required to keep. After termination, access to data may end and data may be deleted subject to our retention practices, legal duties, and third-party platform capabilities.
12. Confidentiality
Each party may receive nonpublic business, technical, customer, or financial information from the other party. The receiving party will use such information only for the relationship contemplated by these Terms, protect it using reasonable care, and disclose it only to personnel or service providers who need it and are subject to confidentiality obligations. This section does not cover information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source.
13. Intellectual Property
You retain ownership of content, trademarks, business information, and materials you provide. You grant Duim Tech a limited license to use those materials only as needed to provide the Services.
Duim Tech and its licensors retain ownership of their software, systems, workflows, templates, processes, documentation, know-how, and preexisting materials. Subject to payment and compliance with these Terms, Duim Tech grants you a limited, nonexclusive, nontransferable right to use the configured Services for your internal business operations during the active subscription.
You may not copy, resell, sublicense, reverse engineer, misuse, or provide unauthorized access to Duim Tech’s systems or proprietary materials.
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DUIM TECH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
DUIM TECH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, APPROVED BY ANY THIRD PARTY, OR COMPATIBLE WITH EVERY DEVICE, CARRIER, PLATFORM, OR BUSINESS PROCESS. DUIM TECH DOES NOT GUARANTEE MESSAGE DELIVERY, RESPONSE RATES, APPOINTMENTS, SALES, REVENUE, SAVINGS, OR OTHER RESULTS.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DUIM TECH NOR ITS OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUIM TECH’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO DUIM TECH DURING THE THREE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limitations do not apply where liability cannot legally be excluded or limited.
16. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Duim Tech and its owners, employees, contractors, licensors, and service providers from third-party claims, damages, penalties, judgments, costs, and reasonable legal fees arising from your content, contact data, offers, products, communications, instructions, unlawful use of the Services, violation of these Terms, or violation of another person’s rights.
Duim Tech will promptly notify you of a covered claim and reasonably cooperate in the defense. You may not settle a claim in a manner that admits wrongdoing by Duim Tech or imposes obligations on Duim Tech without our written consent.
17. Suspension and Termination
Upon termination, your right to use the Services ends. Sections that by their nature should continue—including payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute provisions—survive termination.
Termination does not eliminate payment obligations incurred before the effective termination date.
18. Force Majeure
Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, war, terrorism, labor disputes, government action, utility or internet failures, carrier outages, platform failures, cyberattacks, epidemics, or changes in law or third-party requirements. This section does not excuse payment obligations already incurred.
19. Changes to These Terms
We may update these Terms prospectively. If a change materially affects an active subscription, we will provide reasonable notice by email, through the Services, or by posting the updated Terms with a new effective date. Continued use after the change takes effect constitutes acceptance to the extent permitted by law. Changes do not retroactively authorize a charge that was not previously disclosed and accepted.
20. Notices
Notices to you may be sent to the email address or phone number associated with your account. You are responsible for keeping contact information current.
Legal notices and cancellation requests to Duim Tech must be sent to:
[Lance Robertson / DUIM TECH]
Email: [contact@duimtec.com]
Mailing Address: [5653 Naaman Forest Blvd, Apt 2838 Garland TX 75044]
21. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any lawsuit arising from these Terms or the Services must be brought in the state or federal courts located in [Dallas County], Texas, and each party consents to those courts’ jurisdiction and venue.
Before filing a lawsuit, the complaining party will provide written notice describing the dispute and requested resolution. The parties will make a good-faith effort to resolve the dispute informally for at least 30 days after receipt of that notice. Either party may seek urgent injunctive relief when reasonably necessary to prevent immediate harm.
22. General Terms
These Terms, the Privacy Policy, the applicable checkout page or order form, and any signed written service agreement constitute the entire agreement concerning the Services and replace prior discussions or representations about them. If a signed written service agreement expressly conflicts with these Terms, the signed agreement controls for that conflict.
You may not assign these Terms without Duim Tech’s written consent. Duim Tech may assign these Terms as part of a merger, reorganization, sale of assets, financing, or transfer of the Services. No waiver is effective unless written. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. Headings are for convenience only.
Electronic acceptance, records, signatures, and notices have the same effect as paper versions to the extent permitted by law.
23. Contact
Questions about these Terms may be sent to [contact@duimtec.com].
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