Terms of Service

1. Acceptance of Terms

By creating an account or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. You also agree to comply with all applicable laws and regulations.

2. Service Description

Blue Collar Beaver is an operations platform for service businesses. The core aspects of the Services include:

• An automated telephone answering service that answers inbound calls to a telephone number you designate, interacts with callers, and records, stores and transcribes those calls
• Sending messages on your behalf, including SMS text messages and email, to contacts and telephone numbers you provide or that are captured by the Services
• Managing leads, customers, jobs, schedules, estimates and invoices, including generating pricing estimates using artificial intelligence
• Generating and posting content to your linked social media profiles and business listings on your behalf, and drafting replies to reviews
• Metrics gathering from each of your connected social media profiles
• LLM analytics performed on gathered data for the purpose of iteratively improving the quality of generated content and estimates

2.1 Call Recording and Your Consent Obligations

The Services answer, record and transcribe telephone calls made to the number you designate. Laws governing the recording of telephone calls vary by jurisdiction, and some jurisdictions require that all parties to a call consent to its being recorded.

You are solely responsible for determining what notice and consent the law requires in your jurisdiction and in the jurisdictions of the people who call you, and for ensuring that the required notice and consent are obtained. You are responsible for configuring any call announcement or disclosure the law requires. You represent that your use of the call answering, recording and transcription features complies with all applicable laws.

2.2 Text Messages and Your Consent Obligations

The Services send SMS text messages and emails on your behalf to telephone numbers and addresses you provide or that are captured through the Services.

You are solely responsible for obtaining and maintaining the consent required by applicable law — including the Telephone Consumer Protection Act and comparable state and non-U.S. laws — from every person you contact through the Services. You are responsible for the accuracy of the contact information you upload and for honoring opt-out and unsubscribe requests. You must not use the Services to contact any person who has withdrawn consent. Messages you send to your own customers go out under your own business name and your own carrier registration, using consent you obtained directly from them. They are not part of the Blue Collar Beaver text message program in section 11, and Blue Collar Beaver does not send marketing messages on behalf of any other business.

2.3 Artificial Intelligence and Automated Output

The Services use artificial intelligence to answer calls, draft messages and replies, and produce pricing estimates. Automated output can be inaccurate or incomplete. Pricing estimates are estimates only; they are not quotes, bids or offers, and they are not a substitute for your own professional judgment. You are responsible for reviewing output before relying on it or providing it to a customer.

3. Account Responsibilities

You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Prohibited Use

You agree not to:

• Use the Services for any illegal or unauthorized purpose.
• Post or approve any content that is unlawful, harmful, or violates the rights of others.
• Manipulate or bypass the review and approval process in bad faith.
• Upload or publish content through our Services that you do not own or have the right to use, or that infringes on the intellectual property rights of any third party.
• Upload or publish content that violates the YouTube Terms of Service, YouTube Community Guidelines, or any other applicable platform policy of a connected social media service.

5. Third-Party Platform Terms — YouTube and Google

Our Services use YouTube API Services to access, upload, and manage YouTube content on your behalf. By connecting your YouTube account and using any YouTube-related features of the Services, you agree to be bound by the YouTube Terms of Service and the YouTube API Services Terms of Service. Information handled through Google APIs is also subject to the Google Privacy Policy.

You certify that any content you submit to be uploaded to YouTube through our Services: (a) is owned by you or you have all necessary rights, licenses, and permissions to upload and publish it; (b) complies with YouTube's Terms of Service and Community Guidelines; and (c) does not infringe the intellectual property, privacy, or other rights of any third party.

You can review or revoke Blue Collar Beaver's access to your Google account at any time through your Google Account security settings.

6. Intellectual Property

All content generated by the Services is the intellectual property of The Website until it is posted on your social media profile. Once posted, you retain rights to the content, subject to the terms of the respective social media platforms. As such, The Website will not delete or modify content once it has been posted to your social media.

7. Termination of Services

We reserve the right to suspend or terminate your account if you violate these Terms or engage in any activities that harm the Services, our users, or third parties.

8. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the Services will be uninterrupted or error-free.

9. Limitation of Liability

To the maximum extent permitted by law, The Website and its affiliates will not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Services.

10. Changes to Terms

We may update these Terms from time to time. Any changes will be effective upon posting on the Website. Your continued use of the Services after any changes indicates your acceptance of the updated Terms.

11. Blue Collar Beaver Text Message Program

This section covers text messages that Blue Collar Beaver sends to its own customers. Blue Collar Beaver is operated by Ex Nihilo Nihil Fit Solutions LLC.

Who we text. Only customers who have given us permission on our text updates page, which is linked from our service emails and asks only about text messages, by checking a box that starts unchecked. We do not text anyone who has not given us permission, and agreeing to receive text messages is never a condition of buying anything. See how customers opt in.

What we send. Updates about your service only: appointment reminders, notices that we are on the way, estimate follow-ups, invoice reminders and requests for a review. We do not send marketing text messages.

Message frequency varies. Message and data rates may apply.

To stop messages, reply STOP to any message. You will receive one confirmation and no further messages. For help, reply HELP, email garrett@bluecollarbeaver.com, or call (719) 229-0373.

Carriers are not liable for delayed or undelivered messages.

Your mobile information. We do not share, sell, or provide your mobile phone number or messaging consent data to third parties or affiliates for marketing or promotional purposes. How we handle your mobile number and your permission is described in our Privacy Policy.

12. Contact Information

If you have any questions about these Terms, please contact us at https://bluecollarbeaver.com/contact