Terms of Service

Last updated: August 4, 2026

These Terms of Service ("Terms") govern your use of the Holler missed call recovery and lead delivery service ("Service") provided by Holler. By using the Service, you agree to these Terms.

1. The Service

Holler provides a voice answering and lead capture service for trade contractors. When a call goes unanswered, Holler answers on your behalf, qualifies the caller, and delivers a lead summary to you via SMS. Holler serves trade contractors and other service businesses, and may expand to additional categories over time.

2. SMS Messaging Terms

By subscribing to Holler, you consent to receive SMS messages at the phone number you provide. These messages are transactional notifications containing lead summaries generated from inbound calls answered by Holler on your behalf.

• Message frequency: One SMS per captured lead. Frequency varies based on inbound call volume. Message and data rates may apply.
• To opt out: Reply STOP to any Holler SMS. You will receive a confirmation message and no further messages will be sent. Note: opting out will disable lead delivery. To re-enable service, contact Holler support at always@holler.xyz.
• For assistance: Reply HELP or contact always@holler.xyz.
• Holler does not send marketing or promotional SMS messages. All messages are directly related to service activity.
• Consent to receive SMS is not a condition of purchase.

3. Eligibility

You must be at least 18 years old and operating a legitimate business to use the Service. You represent that you have authority to bind the business you register on behalf of, and that the phone number you provide is one you own or are authorized to use.

4. Subscription and Billing

• The Service is billed at $249 per month on a month-to-month basis, charged in advance.
• No long-term contracts. Cancel anytime.
• Cancellations take effect at the end of the current billing period. Fees already paid are non-refundable and no partial or prorated refunds are provided.
• If a payment fails, we may suspend the Service until payment is resolved. We are not responsible for calls or leads missed during a suspension caused by non-payment.
• Pricing may change with 30 days' written notice.

5. Dedicated Phone Number

Subscribers receive a dedicated Holler phone number. This number remains the property of Holler and will be released upon cancellation. Portability is not guaranteed. You are responsible for any call forwarding configuration on your own line, and for updating it if you cancel.

6. Acceptable Use

You agree not to use the Service for unlawful, deceptive, abusive, or harmful purposes, or in any way that violates applicable telecommunications laws, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines. You may not resell, sublicense, or provide the Service to third parties without our written consent.

7. Your Responsibilities

You are solely responsible for:

• Reviewing every lead we deliver and deciding whether and how to respond. Holler delivers information; you make all business decisions.
• Any communication you send to callers after receiving a lead, including compliance with consent, do-not-call, and messaging laws.
• Compliance with call recording and notification laws in your jurisdiction and your callers' jurisdictions.
• The accuracy of the business information, trade, and phone numbers you provide to us.
• The work you perform for any customer, including quality, licensing, insurance, pricing, and outcomes. Holler is not a party to any agreement between you and your customers.

8. AI Processing, Call Handling, and Accuracy

Calls answered by Holler are handled by automated AI voice systems and may be recorded and transcribed for quality assurance and service improvement. By using the Service, you authorize Holler to answer, record, transcribe, and process calls on your behalf.

You acknowledge that automated voice systems are not perfect. Holler may mishear, misinterpret, misclassify, omit, or incorrectly transcribe information from a call, including names, phone numbers, addresses, job descriptions, and urgency. Holler may fail to answer a call, fail to capture a lead, or fail to deliver a notification. Holler makes no representation that any specific call will be answered, that captured information will be accurate or complete, or that any lead will result in business for you. You agree to verify information directly with the caller before relying on it.

9. Service Availability and Third-Party Dependencies

We strive for high availability but do not guarantee uninterrupted operation. The Service depends on third-party providers including telephony carriers, AI voice providers, SMS providers, and cloud hosting providers. Outages, degradations, delays, filtering, blocking, or errors originating with these providers, with your own carrier or device, or with any other factor outside our reasonable control, are not within our ability to prevent, and we are not liable for losses resulting from them.

Carriers may delay, filter, or fail to deliver SMS messages. We do not guarantee delivery time or delivery at all.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLLER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLLER'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE FEES YOU ACTUALLY PAID TO HOLLER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

HOLLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST JOBS, LOST BUSINESS OPPORTUNITIES, LOST CUSTOMERS, LOST DATA, OR REPUTATIONAL HARM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Holler and its owners, officers, employees, contractors, and service providers from and against any claims, demands, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) any communication you send to a caller or customer, including any alleged violation of the TCPA, CAN-SPAM, state telemarketing laws, or call recording laws; (c) the work or services you provide to your customers; (d) your breach of these Terms; (e) any information you provide to us that is inaccurate or that you were not authorized to provide; or (f) any dispute between you and any customer, caller, or third party.

13. Suspension and Termination

We may suspend or terminate the Service, with or without notice, if you breach these Terms, if we reasonably believe your use creates legal or security risk, if required by a carrier or regulator, or for non-payment. You may cancel at any time. Upon termination, your dedicated number is released and we may delete associated data after a reasonable retention period. Sections 7 through 12, 14, and 15 survive termination.

14. Data and Confidentiality

Call recordings, transcripts, and lead data are processed as described in our Privacy Policy. We may use de-identified and aggregated data to operate, evaluate, and improve the Service. You are responsible for handling any personal information about your callers in accordance with applicable law once it is delivered to you.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The exclusive venue for any dispute shall be the state or federal courts located in Santa Barbara County, California, and you consent to personal jurisdiction there. Each party waives any right to a trial by jury and to participate in a class or representative action.

16. Changes to Terms

We may update these Terms with 14 days' notice via email or SMS. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. General

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Holler regarding the Service and supersede any prior understandings.
• Severability: If any provision is held unenforceable, the remaining provisions remain in full effect and the unenforceable provision will be modified to the minimum extent necessary.
• No waiver: Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment: You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Independent contractors: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Holler.
• Force majeure: Neither party is liable for delays or failures caused by events beyond its reasonable control.

18. Contact

Holler
always@holler.xyz
Questions about these terms or your account? We're here to help.