Terms and Conditions of Use – Writly — cold outreach, done for you

1) Definitions

• Campaign: the configuration of market/target, offer, call script, rules, and qualification criteria.
• Prospect / Lead: a third party contacted within a Campaign.
• Connected Call: a phone call where a person answers and a conversation occurs about the Client's service. Voicemails, wrong numbers, busy signals, and disconnected numbers are not considered Connected Calls.
• Call Result: the outcome of a Connected Call as reported in the Client's dashboard (for example: interested, not interested, callback requested, wrong number).
• Positive Result: a Call Result that demonstrates genuine interest in continuing a commercial conversation (for example: requesting a quote, pricing, a callback, a site visit, “I'm interested,” “send me more details,” “how much does it cost?”).
• Not considered a Positive Result: voicemails, wrong numbers, busy signals, hang-ups, rejections (“not interested”), do-not-call requests, or responses clearly unrelated to the offer.
• Included Minutes: the shared monthly pool of inbound and outbound call minutes included in the Client's subscription.
• Assigned Phone Numbers: phone numbers owned by Writly and assigned to the Client to operate Campaigns.

2) Scope of the Service (What Writly Does and Does Not Do)

Writly operates a system to initiate phone conversations with Prospects on behalf of the Client.

Writly may perform: Prospect research/selection, call scripting, call execution, and consolidation of call results into a dashboard.

The Client understands that closing sales and final conversion depend on follow-up, offer, pricing, responsiveness, and other external factors; therefore, Writly does not guarantee results (see Section 10).

3) Representation “On Behalf of the Client”

The Client authorizes Writly to call Prospects on the Client's behalf and to use the trade name, offer, and materials provided or approved by the Client.

The Client agrees that Writly will make calls using Writly-owned Assigned Phone Numbers, and that such numbers may:

• be shared or rotated internally for operational continuity;
• be changed for compliance, reputation, or regulatory reasons; and
• display caller ID information indicating the call is made on behalf of the Client.

4) Dashboard and Follow-Up

The Client will have access to a dashboard within Writly to review call results, call notes, and follow up with interested Prospects.

The Client is responsible for following up with interested Prospects, commercial agreements, promises, pricing, and fulfillment of what is offered.

Writly may pause Campaigns if it detects legal risk, abuse, mass do-not-call requests, or policy violations.

5) Subscription, Billing, and Authorization of Charges

Writly's current subscription is $50 USD per month and includes unlimited inbound and outbound minutes.

The Client authorizes Writly and Stripe to charge the payment method provided at checkout for the subscription and any applicable taxes or payment-method fees.

Writly may pause inbound answering, outbound calling, or related features if the subscription is inactive, canceled, or past due.

No guaranteed minimum: the subscription does not imply a minimum number of Connected Calls, booked appointments, or Positive Results.

Billing disputes: if the Client believes a billing event was incorrect, the Client may contact Writly within 7 calendar days. Writly will review and, if applicable, make the corresponding adjustment.

Taxes and fees: the Client is responsible for any applicable taxes or payment-method fees, if any.

6) Quality Rules: What Is Considered “Valid” for Billing

Writly deducts $2 per Connected Call. A call is charged only when a person answers and a conversation about the Client's service occurs.

The following are not charged:

• voicemails,
• wrong numbers,
• busy signals or no answer,
• disconnected numbers,
• calls dropped due to technical error.

Writly may use call recordings, human review, and internal criteria to classify call results. The Client acknowledges there may be a reasonable margin of interpretation, mitigated by the dispute mechanism.

7) Legal Compliance, Do-Not-Call, and Telemarketing Regulations (Critical Obligation)

The Client acknowledges that outbound calling is subject to laws, regulations, and industry-specific rules that may vary by country/state, including the Telephone Consumer Protection Act (TCPA), state do-not-call registries, and Federal Trade Commission (FTC) Telemarketing Sales Rules.

Compliance management by Writly

Writly operates and manages call campaigns and applies reasonable compliance measures, including (when applicable) do-not-call list scrubbing, internal suppression lists, calling-hour restrictions, and rules to avoid re-contacting Prospects who request no further contact or generate risk signals.

Client's role

The Client understands that it does not manage calling or decide who is re-contacted within Writly's system. The Client only receives call results in a dashboard and, if desired, follows up with Prospects who showed interest.

Client responsibility for its offer and claims

Although Writly manages the compliance mechanics of calling, the Client is responsible for ensuring that:

• its product/service is lawful and offered in a non-deceptive manner;
• any call scripts and claims (promises, results, pricing, guarantees, comparisons) the Client approves or requests are truthful; and
• the landing pages, forms, links, and marketing materials associated with the Campaign comply with applicable requirements.

No legal advice

Writly may share operational best practices, but it does not provide legal advice. The Client is responsible for consulting its advisors to validate obligations specific to its jurisdiction or industry.

No evasion

The Client agrees not to request, instruct, or pressure Writly to evade do-not-call requests, suppression lists, calling-hour restrictions, or regulatory requirements. If the Client does so, Writly may pause or cancel Campaigns due to compliance risk.

8) Do-Not-Call Requests and Suppression Lists

If a Prospect requests no further contact (“do not call,” “remove my number,” “stop calling”), Writly and/or the Client will add the Prospect to a do-not-call list to prevent future contact.

The Client agrees that Writly has authority to suppress contacts to protect compliance, reputation, and service continuity.

9) Data, Privacy, and Information Ownership

The Client authorizes Writly to process data necessary to: run Campaigns, record and report call results, maintain do-not-call lists, and improve the system.

Writly may use aggregated and/or anonymized data for analytics and internal improvements.

The Client retains rights to its brand and provided materials; Writly retains rights to its technology, processes, scripts, and systems.

9A) Third-Party Integrations (Google, Jobber, Clover, etc.)

Writly offers optional integrations with third-party services such as Google Calendar, Jobber, and Clover. By connecting a third-party account, the Client authorizes Writly to access, read, and write data in that account strictly for the scheduling, ordering, payment-link, and booking features Writly provides — for example, reading availability and creating calendar events or visits, or reading the Client's Clover menu and creating orders and Hosted Checkout sessions in the Client's Clover merchant account.

The Client's use of those third-party services is also governed by the third party's own terms of service, acceptable-use policies, and privacy practices. Writly is not responsible for changes, downtime, errors, or disconnections originating from a third-party service.

The Client may disconnect any third-party integration at any time inside Writly's settings or directly within the third-party service (for example, Jobber's “Connected Apps” page, Google's account permissions page, or Clover's “Installed Apps” page). Disconnection does not affect Writly subscription billing or other Writly Services.

9B) Clover Phone Orders & Hosted Checkout

When the Client connects a Clover merchant account, Writly's AI assistant can take phone orders from end customers, create the corresponding order in the Client's Clover register, and send the end customer a Clover Hosted Checkout pay-link by SMS. The terms in this Section 9B apply specifically to that flow.

Funds flow — Writly is not the merchant of record

All funds collected through Clover Hosted Checkout sessions created via Writly settle directly into the Client's own Clover merchant account. Writly is a software vendor; Writly is not a payment processor, payment facilitator, money transmitter, or merchant of record for any end-customer transaction. Writly does not hold, route, or take a cut of end-customer funds. The Client is the merchant of record for every Clover transaction.

Card data and PCI scope

End customer card details are entered directly on Clover's Hosted Checkout page and are processed by Clover. Card numbers, CVV codes, and full PAN data never traverse Writly's servers. PCI DSS responsibility for the cardholder-data environment lies with Clover and, to the extent applicable, the Client as the connected merchant.

Refunds, chargebacks, and disputes

Refunds, chargebacks, customer disputes, and reversal handling for Clover-processed transactions are managed by the Client through their Clover merchant account, in accordance with Clover's and Clover's payment-processor's policies. Writly does not initiate refunds, does not advance funds, and is not a party to any chargeback dispute. Writly may surface chargeback or refund status in the Client's dashboard for visibility but is not responsible for adjudication.

Order accuracy and Client responsibility

The AI assistant builds orders only from items present in the Client's live Clover menu and reads the order back to the caller for confirmation before placing it. The Client is responsible for keeping its Clover menu (item names, prices, modifiers, tax rates, availability) accurate and up to date. Writly is not liable for losses caused by stale, mispriced, or out-of-stock items in the Client's Clover inventory, nor for orders the AI placed in good faith from items the Client had not yet removed.

Tax

The Client is responsible for configuring tax rates correctly in Clover and for collecting and remitting any applicable sales, use, or value-added tax on transactions. Writly does not calculate, collect, or remit tax on Clover-processed transactions.

10) No Guarantee of Results

Writly does not guarantee the number of Connected Calls, Positive Results, meetings, sales, revenue, or conversions.

Results depend on factors outside Writly's control (offer, pricing, timing, industry, competition, target quality, calling hours, etc.).

11) Prohibited Use and Suspension

The Client may not use Writly for:

• fraud, impersonation, deception, or abusive practices;
• illegal content or content that violates third-party rights;
• prohibited or heavily regulated products/services without Writly's prior written approval;
• harassing or threatening calls, or practices intended to evade do-not-call regulations.

Writly may suspend or terminate access and pause Campaigns if it detects legal risk, abuse, or policy violations.

12) Termination and Refunds

The Client may cancel use of the service in accordance with the rules in effect within the Platform.

Subscription: unless Writly explicitly states a refund policy at checkout or in a separate agreement, subscription fees are billed monthly and access continues until the end of the paid billing period after cancellation.

If Writly offers a guarantee (for example, “30 days”), that guarantee is governed by the terms published at checkout and may exclude abusive use, non-compliance, or policy violations.

Writly may retain amounts necessary to cover Connected Calls already made and not disputed within the allowed timeframe.

Writly will refund the Deposit if 30 days have passed and the Client has not received even one (1) Positive Result.

13) Limitation of Liability

To the maximum extent permitted by law, and recognizing that Writly acts as a provider authorized by the Client to conduct calls on its behalf:

No liability for results or call effects

Writly will not be liable for (i) commercial results (sales, revenue, appointments, conversions), nor for (ii) typical calling consequences such as do-not-call complaints, negative reception from Prospects, or any impact on the Client's reputation or brand.

Exclusion of indirect damages

In no event will Writly be liable for indirect, incidental, special, punitive, or consequential damages, including loss of revenue, loss of profits, loss of opportunities, loss of data, or reputational harm, even if Writly has been advised of the possibility of such damages.

Maximum liability cap

If, despite the foregoing, a court determines that Writly has any liability, Writly's total and aggregate liability will be limited to the amount actually paid by the Client to Writly during the 90 days preceding the event giving rise to the claim.

Mandatory exceptions

Nothing in these Terms excludes or limits liability to the extent prohibited by law (for example, intentional misconduct or gross negligence where applicable).

14) Indemnity

The Client will indemnify, defend, and hold harmless Writly (including its affiliates, directors, employees, and contractors) from and against any claim, investigation, fine, damage, cost, or expense (including attorneys' fees) arising from:

• (a) the Client's offer or product/service;
• (b) claims, materials, scripts, or instructions provided or approved by the Client;
• (c) the Client's use of Writly in violation of applicable laws/policies;
• (d) third-party complaints or actions arising from the Campaign conducted on the Client's behalf, except where Writly's intentional misconduct or gross negligence is proven (if required by law).

15) Modifications

Writly may update these Terms. If changes are material, Writly will make reasonable efforts to notify the Client. Continued use constitutes acceptance.

16) Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, USA. Any dispute will be resolved in Florida, USA, unless otherwise agreed in writing.

17) Contact

Support and requests: hello@writly.io

18) SMS Communications (Text Messaging)

This section applies to any individual (including end users and homeowners) who provides a mobile phone number to Writly while booking an appointment through Writly's AI assistant, whether by phone call or through the Writly web chat on a service provider's website.

Consent to receive SMS from Writly

By providing your phone number during a booking with Writly's AI assistant (via phone call or web chat), you agree to receive SMS appointment notifications from Writly.

Types of messages

Messages include booking confirmations, appointment reminders, payment links, rescheduling and cancellation notifications, and other service-related updates related to your booking.

Message frequency and rates

Message frequency varies based on your bookings. Standard message and data rates may apply.

Opt-out (STOP) and help (HELP)

You can reply STOP to any message to unsubscribe from SMS notifications at any time. Reply HELP for support.

Consent not a condition of purchase

Consent to receive SMS notifications is not a condition of purchase or service.

Sender identity

Writly is the sole sender of all SMS messages sent through the Writly platform. Messages are sent by Writly and relate to bookings made through the Writly platform. SMS consent provided to Writly is separate from any direct communications you may have with the service provider you are booking with.

Privacy of phone numbers and SMS data

For information about how we handle your phone number and SMS data, see our Privacy Policy at https://writly.io/privacy.

Operating entity

Writly is operated by X Group Prime LLC, EIN 33-1432499, based in Doral, FL.

Supported carriers

Writly's SMS program is supported on major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages.