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Terms of Service

Last updated: March 16, 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the Dugwork platform, website (dugwork.com), and related services (collectively, the "Service"). By subscribing to or using the Service, you ("Customer," "you") agree to be bound by these Terms.

"Dugwork," "we," "us," and "our" refer to Dugwork and its operators. "End Users" refers to your clients, leads, and any individuals who receive text messages through the Service on your behalf.

2. Service Description

Dugwork is an AI-powered SMS lead management platform for home service contractors. The Service includes:

  • Automated missed call text-back
  • AI-powered lead qualification via SMS
  • Appointment booking and confirmation
  • Follow-up messaging sequences
  • Post-job review requests
  • Customer retention and re-engagement messaging

We grant you a non-exclusive, non-transferable, revocable license to use the Service for your internal business operations during your active subscription.

3. Account Registration and Security

  • You must provide accurate and complete business information during registration.
  • You are responsible for maintaining the security of your account credentials.
  • You must notify us immediately of any unauthorized access to your account.
  • You are responsible for all activity that occurs under your account.

4. Customer Obligations - SMS Compliance

This section is critical. By using Dugwork to send text messages to your clients and leads, you agree to the following:

Consent Requirements

  • You are the Data Controller for your End Users' personal information. Dugwork acts as a Data Processor on your behalf.
  • You are responsible for ensuring that your End Users have provided valid consent to receive text messages, in compliance with the Telephone Consumer Protection Act (TCPA) and all applicable federal, state, and local laws.
  • For automated text-back messages: consent is established when a lead calls your business number (initiating contact) and replies to the text-back message (confirming engagement).
  • For marketing or promotional messages: you must obtain prior express written consent from End Users before sending such messages.
  • Consent given to your business does not transfer to any other business, contractor, or entity.

Opt-Out Compliance

  • You must honor all opt-out requests from End Users. Dugwork automatically processes STOP, QUIT, CANCEL, OPT-OUT, and UNSUBSCRIBE keywords.
  • Per FCC rules effective April 2025, you must also honor opt-out requests made through any reasonable means, including but not limited to phone calls, emails, or conversational text replies (e.g., "stop texting me").
  • Opt-out requests must be honored within 10 business days. Our platform processes keyword-based opt-outs instantly.

Prohibited Messaging

You must not use the Service to:

  • Send messages to numbers without valid consent
  • Send messages before 8:00 AM or after 9:00 PM in the recipient's local time zone
  • Send spam, unsolicited bulk messages, or deceptive content
  • Send messages containing illegal, harmful, threatening, abusive, or harassing content
  • Send messages related to sex, hate, alcohol, firearms, tobacco, or cannabis (SHAFT+C content)
  • Circumvent or suppress opt-out mechanisms
  • Impersonate another person or business
  • Share, sell, or transfer End User phone numbers or opt-in data to third parties

Your Privacy Obligations

  • You must provide a legally adequate privacy notice to your End Users that discloses the collection and processing of their personal information, including the use of AI and third-party service providers.
  • You must disclose your use of AI-powered responses to End Users where required by applicable law.
  • You are responsible for responding to data access, correction, and deletion requests from your End Users.

Use of Dugwork does not guarantee compliance with applicable laws. You are solely responsible for ensuring your use of the Service complies with TCPA, CAN-SPAM, CCPA/CPRA, and all other applicable regulations.

5. AI-Generated Content

Dugwork uses artificial intelligence to generate automated text message responses on your behalf. By using the Service, you acknowledge and agree that:

  • AI-generated responses are provided "as-is" and may contain errors, inaccuracies, or inappropriate content.
  • AI responses are not a substitute for professional advice (medical, legal, financial, or otherwise).
  • You are responsible for monitoring the quality and accuracy of AI-generated conversations with your leads and customers.
  • Dugwork is not liable for any actions taken by you, your End Users, or any third party based on AI-generated content.
  • Your conversation data is processed by our AI provider (Anthropic) under commercial API terms that prohibit using your data to train AI models.

6. Data Ownership and Intellectual Property

  • Your data: You retain full ownership of your business data, contact lists, conversation content, and any data you provide to the Service. Upon termination, you may request an export of your data within 30 days.
  • Our platform: Dugwork retains all rights to the Service, platform, software, AI models, workflows, and intellectual property. Nothing in these Terms grants you ownership of any part of the Service itself.
  • Aggregated data: We may use de-identified, aggregated data derived from your use of the Service to improve our platform. This data cannot be used to identify you or your End Users.

7. Payment Terms

  • Subscriptions are billed monthly via Stripe. Payment is due at the start of each billing cycle.
  • A one-time setup fee of $500 is charged for done-for-you onboarding configuration.
  • All fees are in US dollars and are non-refundable except as described below.
  • If you are not satisfied within the first 30 days of your subscription, contact us for a full refund of your first month's subscription fee (setup fee excluded).
  • We may change pricing with 30 days written notice. Continued use after a price change constitutes acceptance.
  • If payment fails, we will attempt to retry. If payment remains unsuccessful for 7 days, we may suspend your account.

8. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to reverse-engineer, decompile, or extract source code from the Service
  • Interfere with or disrupt the Service or its infrastructure
  • Use the Service to send messages that violate carrier policies or messaging regulations
  • Resell, sublicense, or share access to the Service without our written consent
  • Use the Service to collect data for purposes unrelated to your legitimate business operations

We reserve the right to suspend or terminate accounts that violate this acceptable use policy or that generate excessive spam complaints, carrier violations, or opt-out rates.

9. Service Availability and Disclaimer

The Service is provided "as-is" and "as available." We do not guarantee:

  • Uninterrupted or error-free service
  • Delivery of every SMS message (carrier delivery is outside our control)
  • Accuracy of AI-generated responses
  • Any specific business results, lead conversion rates, or revenue outcomes

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law:

  • Dugwork's total liability for any claims arising from or related to the Service is limited to the total fees you paid to Dugwork in the 12 months preceding the claim.
  • Dugwork is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill.
  • Dugwork is not liable for damages resulting from: AI-generated content errors, SMS delivery failures, carrier actions, third-party service outages, or your failure to comply with applicable laws.

11. Indemnification

You agree to indemnify, defend, and hold harmless Dugwork from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your violation of these Terms
  • Your violation of TCPA or any other applicable law
  • Your failure to obtain proper consent from End Users
  • Claims by End Users related to messages sent through your account
  • Your misuse of the Service

12. Term and Termination

  • Your subscription begins on the date of your first payment and renews monthly unless cancelled.
  • You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
  • We may terminate your account immediately if you violate these Terms, particularly SMS compliance obligations.
  • Upon termination, you have 30 days to request an export of your data. After 30 days, we may permanently delete your data.
  • Sections 5 (AI-Generated Content), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law) survive termination.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles. Any disputes arising from these Terms or the Service will be resolved in the state or federal courts located in King County, Washington.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email at least 30 days before the changes take effect. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

15. Contact

For questions about these Terms:

  • Email: support@dugwork.com
  • Website: dugwork.com