These Terms of Service ("Terms") govern your use of services provided by Brechtland LLC ("Brechtland," "we," "us," or "our"), including the AI Receptionist, Website Design and Management, and Email Marketing services (collectively, the "Services"). By engaging Brechtland or using our Services, you agree to these Terms.
Brechtland LLC is based in New Port Richey, Florida, and provides Services to clients across Florida, Michigan, Texas, South Carolina, and other states.
1. Our Services
1.1 AI Receptionist
Brechtland provides an automated call handling and missed call text back system for client businesses. This includes routing inbound calls, sending automated SMS replies to callers when a call is missed, and optionally scheduling appointments through a client's connected calendar. Clients are responsible for ensuring they have the right to receive calls and texts on the phone number provisioned for their business.
1.2 Website Design and Management
Brechtland designs, builds, and maintains websites for client businesses per the scope agreed to at signup. Client website visitor inquiries are routed directly to the client's own email or a third party form service configured by the client. Brechtland is not responsible for the content, accuracy, or data practices of client provided intake tools.
1.3 Email Marketing
Brechtland sends email campaigns on behalf of clients using subscriber lists provided by the client, in accordance with the client's selected service tier. Clients represent and warrant that they have obtained proper consent to email everyone on any list they provide to Brechtland, and that their lists comply with CAN-SPAM and applicable email marketing laws. Brechtland is not liable for lists provided by clients that do not meet these requirements.
2. Client Responsibilities
By using Brechtland's Services, you agree to:
- Provide accurate business information for use in call handling, website content, and email campaigns
- Only submit contact lists you have lawfully obtained consent to contact
- Use the Services for legitimate business purposes and not for spam, harassment, fraud, or unlawful messaging
- Comply with all applicable federal, state, and local laws, including telemarketing and SMS or email consent laws (TCPA, CAN-SPAM, and similar state laws)
3. Payment Terms
Services are billed according to the pricing and billing cycle agreed to at signup (monthly subscription, unless otherwise specified in a signed service agreement). Payments are processed through Stripe. Failure to pay may result in suspension or termination of Services.
4. Messaging and Communication
Where the AI Receptionist's SMS features are used, message frequency will vary based on caller or customer interaction. Message and data rates may apply. Recipients may reply STOP to opt out or HELP for assistance at any time.
Consent for SMS messaging under the missed call text back feature is established by the customer's own inbound call to the client's business number. Brechtland does not send messages to numbers that have not called the business first.
5. Intellectual Property
Website designs, code, and creative assets built by Brechtland for a client become the property of the client once the client has satisfied the full agreed upon cost of the website, whether paid as a one time lump sum or through completion of an installment payment plan, unless otherwise stated in a signed agreement. Until that point, Brechtland retains ownership of the work product.
Brechtland retains ownership of its own underlying software, tools, and systems (including the AI Receptionist platform and CRM) used to deliver Services. No ownership of that underlying technology transfers to clients.
6. Service Availability
Brechtland strives to maintain reliable uptime for all Services but does not guarantee uninterrupted availability. We are not liable for outages caused by third party providers (including Twilio, Stripe, Google, or hosting providers), internet service disruptions, or events outside our reasonable control.
7. Limitation of Liability
To the maximum extent permitted by law, Brechtland's total liability for any claim arising from use of the Services is limited to the amount paid by the client for the Services in the three (3) months preceding the claim. Brechtland is not liable for indirect, incidental, or consequential damages, including lost business or lost revenue.
8. Termination
Either party may terminate Services in accordance with the terms of the client's signed service agreement, or with 30 days' written notice where no separate agreement specifies otherwise. Brechtland reserves the right to suspend or terminate Services immediately for violations of these Terms, including unlawful use of messaging or email features.
9. Changes to These Terms
We may update these Terms from time to time. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
10. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.
11. Contact Us
Email: tyler@brechtland.com