Terms Of Service

Terms of Service
Effective date: October 1, 2026

These Terms of Service (“Terms”) govern access to and use of the websites, software, business command centers, applications, artificial intelligence features, integrations, and related services provided by gotcha! Mobile Solutions, Inc., doing business as gotcha! (“gotcha!,” “we,” “us,” or “our”). Together, these offerings are the “Services.” “Customer,” “you,” and “your” mean the person or organization accepting these Terms.

By affirmatively accepting these Terms, including through an acceptance checkbox or an order form incorporating them, you agree to be bound by them. If you accept for an organization, you represent that you have authority to bind that organization. Do not create an account or use restricted Services if you do not agree. Visiting public pages alone does not authorize paid subscriptions or recurring charges.

1. Scope and order of precedence
The Services are intended primarily for business use. An order form, statement of work, proposal, subscription checkout, or other agreement accepted by both parties (an “Order”) identifies the purchased Services, fees, scope, subscription period, and any specific commitments.

If documents conflict, a separately executed agreement controls over these Terms, and an accepted Order controls over these Terms for its specific subject matter. A signed data processing agreement or business associate agreement controls for the data it covers. Third-party payment agreements control payment processing as described in Section 7. Our Privacy Policy explains our data practices, and our Cookie Policy explains website cookies. Neither expands the Services purchased.

2. Accounts and authorized users
You must be at least 18 and legally able to enter into this agreement. You must provide accurate account, business, ownership, billing, and contact information and keep it current. We may request information reasonably needed to verify identity, authority, eligibility, or compliance.

You are responsible for your authorized users, their access permissions, and activities under your account, except to the extent caused by our breach of these Terms. Protect passwords, API keys, authentication tokens, payment devices, and other credentials; use available security controls; and notify us promptly of suspected unauthorized access. Do not share individual credentials where separate user accounts are available. Account administrators may manage users, integrations, and account content within their assigned permissions.

3. Services and permitted use
Subject to these Terms and payment of applicable fees, we grant you a limited, nonexclusive, nontransferable right to use the purchased Services for your business during the applicable term. Use for affiliates, clients, or other third parties requires a plan or written authorization permitting that use. You may not resell or sublicense the Services except under an authorized reseller or partner arrangement.

Available Services may include software subscriptions, business management tools, AI assistance, marketing, website development and maintenance, hosting, reporting, communications, ordering, point-of-sale interfaces, and payment integrations. Only features included in your Order or enabled plan are included. Roadmaps, demonstrations, and discussions of future features are not delivery commitments.

Managed services, implementation, custom development, content production, and support are limited to the scope, hours, deliverables, and service levels in the applicable Order. Changes to scope, third-party expenses, and additional work require your authorization under that Order or a separately accepted change. No particular sales, ranking, advertising performance, financial return, or business outcome is guaranteed unless expressly stated in a signed agreement.

4. Fees, subscriptions, and billing
Fees, billing frequency, included usage, and any setup charges or minimum commitments will be disclosed in your Order or subscription checkout before purchase. You are responsible for applicable transaction taxes other than taxes on our net income. Usage-based charges apply only under disclosed rates and authorized plan terms.

Recurring subscriptions: Where you expressly enroll in a recurring plan, you authorize charges to your selected payment method at the disclosed amount or rate and frequency until canceled. Any automatic renewal, renewal period, and cancellation deadline must be disclosed before enrollment. An Order that does not disclose automatic renewal does not create an automatic-renewal commitment under these Terms. We will provide billing confirmations, renewal or trial reminders, and notices required by applicable law and payment-network rules.

Cancellation: You may cancel using account controls where available or by submitting a request through gotchamobi.com/support/. We will acknowledge the request. Unless the Order states otherwise, cancellation stops the next renewal and access continues through the paid period. Canceling does not eliminate an expressly agreed, enforceable fixed-term commitment or charges already incurred. No early termination charge applies unless specifically disclosed and accepted.

Refunds: Unless your Order or applicable law provides otherwise, fees for completed work and elapsed subscription periods are nonrefundable, and unused portions of a current paid subscription period are not prorated solely because you cancel. Billing errors, our failure to provide contracted Services, and termination by us without cause are subject to the remedies in these Terms and your Order. This policy does not limit mandatory refund rights.

Trials and price changes: A free trial converts to a paid plan only with clear advance disclosure and your affirmative authorization. We will give at least 30 days’ notice of subscription price increases, which will take effect no earlier than the next renewal unless you separately agree. You may cancel before the increase applies. Fixed-term pricing remains governed by your Order.

If payment fails, we may request an updated method and, after reasonable notice, suspend affected Services. Tell us promptly about disputed charges so we can investigate; this does not waive lawful cardholder or banking rights. We do not impose interest, collection fees, or late charges unless disclosed in the applicable Order and permitted by law.

5. Customer content, data, and privacy
You retain your rights in data, documents, customer records, images, recordings, prompts, and other materials you submit or connect to the Services (“Customer Content”). You grant us permission to host, process, transmit, display, and otherwise use Customer Content as needed to provide and secure the Services, carry out your instructions, and meet legal obligations, subject to our Privacy Policy and any applicable data agreement.

You are responsible for having the rights, lawful basis, notices, and permissions needed for Customer Content and your instructions. This includes permissions for customer communications, website tracking, recordings, likenesses, voice use, and third-party account access. Obtain legally required recording and communication consent before enabling those activities. Consent to these Terms alone is not consent from your customers or employees.

We will use reasonable technical and organizational safeguards appropriate to the Services. No system is completely secure. Our handling of personal information, AI inputs, retention, deletion, and service providers is governed by the applicable Privacy Policy and data agreements. These Terms do not grant permission to sell Customer Content or train general-purpose AI models on it. Any separate proposed use requiring permission must be disclosed and separately authorized.

Do not submit full payment-card numbers, security codes, passwords, or other secrets through ordinary chat, support messages, or non-designated fields. Use approved secure payment interfaces and credential mechanisms. Maintain copies of critical business records unless backup and restoration obligations are expressly included in your Order.

6. AI features, integrations, and automated actions
AI features, including gia™, may generate content, recommendations, code, analyses, communications, or proposed actions. Outputs can be incomplete, outdated, or inaccurate and may resemble outputs supplied to others. Review outputs and assess suitability before relying on them, especially for legal, medical, financial, employment, safety, or other consequential decisions. AI features do not replace licensed professional advice.

You define the permissions granted to integrations and automated workflows. AI output alone does not authorize a purchase, payment, refund, publication, customer communication, account change, or other external action. Such actions require your instruction or a previously configured authorization covering the action. You are responsible for selecting appropriate approval requirements and reviewing activity within those permissions. We remain responsible for our own performance of these Terms.

Connecting an outside account authorizes access and actions only within the permissions you grant. You may revoke connections using available account controls or the outside provider. Revocation may disable dependent features but does not reverse completed actions. Third-party systems may impose their own fees, terms, restrictions, or availability limits. Except as stated in an Order, you are responsible for your direct third-party accounts and charges.

As between you and gotcha!, and to the extent permitted by law, you retain rights in your inputs and own our assignable rights, if any, in outputs generated specifically for you, subject to payment of applicable fees and third-party rights. We do not guarantee that AI output is copyrightable, exclusive, or free of third-party claims. Our underlying software, models, workflows, templates, and tools remain ours or our licensors’ property.

7. Embedded payments and merchant responsibilities
Some Services allow businesses (“Merchants”) to accept payments from their customers through online checkout, payment links, invoicing, subscriptions, or point-of-sale interfaces. Payment processing is provided by the payment providers and financial institutions identified during enrollment, which may include Finix. gotcha! provides software and related integration services; these Terms do not represent that gotcha! is a bank or independently authorize it to hold or transmit funds.

Separate enrollment and acceptance: Payment access requires provider approval and your separate acceptance of the applicable payment provider, acquiring bank, and merchant agreements presented during onboarding. Accepting these Terms does not automatically accept an unidentified third-party agreement. Those agreements govern processing eligibility, underwriting, settlement, reserves, transaction limits, chargebacks, refunds, and related financial obligations. We may receive disclosed platform fees or compensation under our payment partner arrangements.

Merchants must:

Accurately disclose their legal business name, beneficial owners, business activities, locations, products, and services, and keep this information current.
Process only authorized, genuine transactions for their approved business activities and merchant category; obtain approval before material changes.
Clearly disclose the Merchant’s identity, prices, taxes, fulfillment terms, refund and cancellation policies, and customer support information before payment.
Fulfill orders and services, maintain appropriate transaction and delivery records, and respond promptly to customer complaints and provider information requests.
Comply with applicable law, payment-network rules, ACH rules where applicable, and PCI DSS responsibilities applicable to their payment environment.
Obtain required authorization for stored credentials, recurring billing, bank debits, refunds, and other payment instructions.
Use only supported hardware and payment interfaces and avoid storing sensitive authentication data, including card security codes, after authorization.
Merchants are responsible for refunds, disputes, reversals, fees, and losses allocated to them under their applicable merchant agreements. These Terms do not create an unlimited right for gotcha! to debit a bank account or impose reserves. Such authority, if applicable, must arise from the separately accepted payment agreements and authorizations.

Prohibited businesses and transactions include those barred by applicable law or your provider’s current restrictions. Telemedicine payments may not be processed through a payment program that excludes telemedicine; in particular, our Finix ISV payment program does not permit telemedicine payments. Other medical services require approval and the appropriate merchant classification. Do not disguise the nature of a transaction or use one Merchant’s account to process another business’s sales.

Payment approval, availability of funds, settlement timing, and fraud-liability shifts are subject to provider and network requirements and are not guaranteed by gotcha!. A successful authorization or 3D Secure authentication does not eliminate all fraud or dispute risk. Payment functionality may be restricted or suspended as required by the provider, applicable agreements, or law.

When a customer purchases from a Merchant using our technology, the Merchant remains responsible for the goods or services, fulfillment, customer service, and its customer-facing policies. gotcha! is not the seller of those goods or services solely because it supplies the software. Merchant sales proceeds are distinct from the Merchant’s subscription or service fees payable to gotcha!.

8. Healthcare and regulated information
Healthcare practices remain responsible for professional licensing, clinical care, patient billing, authorizations, and applicable healthcare and privacy requirements. Our business software does not itself provide medical diagnosis or treatment.

Do not submit protected health information to a feature unless we have expressly approved that feature for such use and, where required, executed a business associate agreement. A practice’s approval to accept payments does not mean all platform features are approved for clinical records or protected health information. Similar restrictions apply to other specially regulated information unless specifically authorized in writing.

9. Acceptable use
You may not use the Services to violate laws or third-party rights; commit fraud; facilitate prohibited transactions; distribute malware; send unlawful spam; impersonate others; create deceptive or unlawful synthetic media; obtain unauthorized access; bypass security or usage limits; interfere with other customers; or collect data without required authorization. You may not reverse engineer the Services except where applicable law expressly permits it, remove proprietary notices, or copy proprietary software or documentation beyond the rights granted here. Lawful interoperability and other nonwaivable rights remain unaffected.

10. Intellectual property and deliverables
We and our licensors retain rights in the Services, software, documentation, brands, reusable methods, libraries, templates, and other preexisting or independently developed materials. No ownership transfers except as expressly stated in these Terms or your Order. Ownership and licensing of custom websites, code, creative work, and other project deliverables are governed by the applicable Order; these Terms do not override an agreed transfer.

You may provide voluntary feedback. We may use it to improve the Services without payment, but this does not authorize disclosure of your confidential information. We will not use your business name or logo as a public endorsement or case study without permission.

11. Confidentiality
Each party will protect the other’s nonpublic business, technical, financial, and customer information disclosed in circumstances reasonably indicating confidentiality. It will use that information only to perform this agreement and disclose it only to people and service providers with a need to know and appropriate confidentiality obligations. Exceptions apply to information lawfully known without restriction, independently developed, publicly available without breach, or lawfully received from another source. Legally compelled disclosures are permitted, with notice where lawful and reasonable efforts to limit disclosure.

12. Availability, changes, and beta features
We will use commercially reasonable efforts to provide the Services. Availability, response times, backups, and recovery commitments are governed by any applicable service-level agreement; these Terms do not promise uninterrupted or error-free operation. Maintenance, internet failures, third-party outages, and security events may affect access.

We may improve or change features. We will provide reasonable advance notice of a material reduction to paid core functionality where practicable. If we discontinue a material paid Service during a prepaid term without a substantially equivalent alternative, you may terminate the affected Service and receive a proportional refund for the unused prepaid period. Beta or preview features will be identified as such, may change or be withdrawn, and should not be relied on for critical operations unless separately agreed.

13. Suspension, termination, and data export
We may suspend affected access when reasonably necessary to address a material security threat, unlawful activity, provider requirement, nonpayment, or material breach. Where practicable, we will give notice and an opportunity to resolve the issue. Immediate action may be necessary for urgent risks. We will limit suspension to what is reasonably required.

Either party may terminate for the other party’s material breach if it remains uncured 30 days after written notice, or sooner if the breach cannot reasonably be cured or continued performance would violate law. Subscription cancellation otherwise follows Section 4 and your Order. If we terminate a paid Service without your breach, or you terminate for our uncured material breach, we will refund unused prepaid fees for the affected period. Other remedies remain subject to this agreement.

Before closure, use available export functions or request assistance. Unless law, security, or provider restrictions prevent it, we will make Customer Content reasonably available for export for 30 days after termination. Custom migration work may require a separately accepted fee. Payment tokens, provider-held records, and third-party account data may be subject to provider transfer restrictions and cannot be guaranteed portable. Thereafter, retention and deletion follow applicable privacy notices, data agreements, legal obligations, and backup schedules. Confidentiality, accrued payment obligations, intellectual property protections, disclaimers, liability limits, and dispute provisions survive to the extent relevant.

14. Warranties and disclaimers
Each party represents that it has authority to enter into this agreement. We will perform contracted Services with reasonable skill and care. If you notify us of a material failure to meet this commitment, we will use reasonable efforts to correct it; unresolved material failures are subject to Section 13.

EXCEPT FOR EXPRESS COMMITMENTS IN THESE TERMS OR A SIGNED AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND AI OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE BUSINESS RESULTS, COMPLETE ACCURACY, OR THAT ALL THREATS OR ERRORS WILL BE DETECTED. Nothing excludes a warranty or remedy that cannot lawfully be excluded.

15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.

EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO GOTCHA! FOR THE AFFECTED SERVICES DURING THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO THE CLAIM. For clarity, Merchant transaction volume and amounts payable to third-party payment providers are not gotcha! service fees.

These exclusions and caps do not limit fraud, willful misconduct, gross negligence, liability that cannot legally be limited, your obligation to pay agreed fees, or either party’s infringement or misappropriation of the other party’s intellectual property. Financial obligations under separate merchant or payment-provider agreements remain governed by those agreements. A signed agreement may provide different liability allocations.

16. Third-party claims
To the extent permitted by law, you will defend and indemnify gotcha! against third-party claims arising from Customer Content that violates third-party rights, your unlawful or prohibited use of the Services, or the goods or services you sell through the platform, including reasonable defense costs and final judgments or approved settlements. This obligation does not apply to the extent a claim results from our breach, negligence, or misconduct.

We will promptly notify you of the claim, provide reasonable cooperation at your expense, and allow you to control the defense using qualified counsel. You may not settle a claim in a manner admitting fault by, imposing nonmonetary obligations on, or failing to release gotcha! without our prior written consent, not to be unreasonably withheld. Liability under this section remains subject to Section 15 unless a signed agreement states otherwise.

17. Governing law and disputes
Unless a signed agreement states otherwise, Texas law governs these Terms, without regard to conflict-of-law rules. Before filing a claim, the parties will make a good-faith effort to resolve it through written notice and discussion for at least 30 days. This does not prevent urgent injunctive relief or actions necessary to preserve a claim before a deadline.

Subject to mandatory applicable law, courts of competent jurisdiction located in Dallas County, Texas will have exclusive jurisdiction. These Terms do not impose mandatory arbitration. Nonwaivable legal protections and jurisdictional rights remain in effect.

18. Updates and general provisions
We may update these Terms prospectively. For material changes affecting existing customers, we will provide at least 30 days’ notice through account email or another reasonably prominent method, except when a shorter period is required by law or to address an urgent security issue. Material changes requiring new consent will not take effect for you without that consent. Changes will not retroactively alter accrued rights or a signed fixed-term agreement. If you do not accept a material change, you may decline renewal or terminate before it takes effect; unused prepaid fees will be refunded if the change would otherwise apply during your committed term.

Neither party is responsible for delays caused by events beyond its reasonable control, but this does not excuse payment for Services already provided or required refunds. Neither party may assign this agreement without the other’s consent, except to an affiliate or in a merger, reorganization, or sale of substantially all relevant assets, provided the successor assumes the obligations and the assignment does not materially reduce your protections.

If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. These Terms and the applicable accepted agreements constitute the parties’ agreement on their subject matter. Electronic signatures and records may be used where permitted by law.

19. Contact and notices
gotcha! Mobile Solutions, Inc.
Doing business as gotcha!
Mailing address: 13355 Noel Road, Suite 1100, Dallas, Texas 75240
Support, cancellation, billing questions, and legal notices: https://gotchamobi.com/support/
Privacy inquiries: privacy@gotchamobi.com

Legal notices must identify the sender, relevant account, and nature of the issue. We may send notices to your designated account email, so keep that address current. Mandatory notices will be delivered using methods required by applicable law.