Evergood
DRAFT – FOR ATTORNEY REVIEW, NOT LEGAL ADVICEThis page is an unpublished draft (v0.1, October 17, 2026). It has not been reviewed by a lawyer and is not in effect. Items marked [VERIFY] are unconfirmed.

Terms of Service

Evergood Communications · v0.1 · Drafted October 17, 2026 · Effective date: [VERIFY: set at launch, after attorney review]

These Terms of Service (the “Terms”) are an agreement between Baxter Ventures, LLC, a Texas limited liability company doing business as Evergood Communications (“Evergood,” “we,” “us”), and the business that signs up for our services (“Client,” “you”). By checking the box at checkout, signing an order, or using the Services, you agree to these Terms, our Privacy Policy, and the SMS Terms in Appendix A.

Plain-language summary (not a substitute for the Terms): month-to-month, cancel anytime, no setup fee. You're responsible for having permission to text your customers; we build the system to help you do that right. We protect your data and your customers' data, we never sell it, and we never share mobile opt-in data for marketing. Our two guarantees are in Section 7, in full.

1. Definitions

2. Who can use the Services

3. The Services

3.1 The Plan. The 48-Hour Call Rescue System includes:

3.2 Extras. If your checkout order includes them (for example, with an introductory rate), you also get:

The past-customer review request is sent by email only, to customers you confirm you have a business relationship with, and it includes an unsubscribe link and our mailing address. We do not text past customers without their prior consent.

3.3 Add-on: After Hours AI Receptionist (+$200/mo).

Section 10 explains the limits of the AI Receptionist. Please read it.

3.4 Free Missed Call Check. The Missed Call Check is free and creates no obligation. It uses public information about your business and any numbers you give us. Any estimate in it is an illustration, not a promise of results. We place a test call to your business only with your written OK, and we never record it.

3.5 Service providers. We deliver the Services using carefully chosen third-party service providers (for example, a customer-communications software platform, telephone and text-message carriers, and a payment processor). The categories are listed in our Privacy Policy. Delivery of calls and texts depends on those providers and on the carriers, which we don't control (see Section 13).

3.6 Changes to features. We may improve or change features. We won't materially reduce the core Plan features listed in 3.1 during your subscription without at least 30 days' notice, and you can cancel before the change takes effect.

3.7 Fair use. The Plan includes texting and call minutes up to a fair-use limit of [VERIFY: set caps before launch, e.g., X texts and Y voice minutes per month]. If you go over, we'll tell you before charging anything extra, and no overage is charged without your written OK. [VERIFY: confirm overage pricing and approval process.]

4. How signup and onboarding work

  1. Missed Call Check (optional, free). We send you a one-page look at what happens today when a caller can't reach you.
  2. 15-minute call (optional). A short call with an Evergood specialist at a time that suits you, if you'd like to ask questions first.
  3. Checkout. You check out online and accept these Terms. Your first monthly fee is charged at checkout.
  4. Onboarding Form. We send you the form right away (about 10 minutes to complete). Guarantee A's 48 hours start when we receive your completed form.
  5. Setup and Carrier Approval. We build and test your system and file your business-texting registration. Texting turns on once Carrier Approval comes through.

4.1 Start dates. To make sure every setup gets done right, we limit how many new clients we set up each month. If we can't start yours right away, you'll get a start date, and we won't charge you until you check out for that start date. [VERIFY: confirm checkout timing for waitlisted clients, so no one is billed before onboarding can begin.]

4.2 Introductory rates. We may offer some early clients a lower introductory rate in writing (by email or on a call). If you get one, it's shown on your checkout order.

5. Fees and billing

6. Month-to-month term and cancellation

7. Our guarantees (full terms)

Both guarantees are made by Baxter Ventures, LLC, doing business as Evergood Communications, 4145 Gessner Rd, Ste B #420, Houston, TX 77080, support@getevergood.com.

Guarantee A: Live in 48 hours, or your first month is free.

You're live within 48 hours of our receipt of your completed onboarding form, or your first month is free. Carrier approval time for business texting (A2P 10DLC registration) isn't counted, because the carriers control it. We'll keep you updated while it's pending.

Guarantee B: Real results in 30 days (pilot terms).

If fewer than 5 missed callers are rescued in your first 30 days live, your second month is free.

Full terms for the results guarantee:

How we honor them: we apply both guarantees automatically, so you don't have to ask. A free month means we refund that month's subscription fee to your card within 10 business days, or, if it hasn't been charged yet, we don't charge it. [VERIFY: whether a “free month” covers the add-on fee too; this draft covers the plan and any add-on.] If you think we missed one, email support@getevergood.com and we'll check the system count with you.

Each guarantee can be earned once per client. Neither guarantee is a refund of any other month, and neither changes your right to cancel anytime.

These are the only guarantees we make. They are in addition to, not instead of, any rights you have under law.

8. Your responsibilities, including texting compliance

You are the sender of the texts and the business your End Customers are dealing with. Texting rules are strict, and the penalties can be large. You agree to:

We help you comply by building the system with opt-out handling, identification language, quiet hours, and carrier registration. That help is not legal advice, and it doesn't shift your legal responsibility for your messages to us.

9. Google reviews: no review gating

10. After Hours AI Receptionist: important limits

THE AI RECEPTIONIST IS NOT AN EMERGENCY SERVICE. IT DOES NOT CALL 911, DISPATCH POLICE, FIRE, OR MEDICAL HELP, OR CONTACT GAS OR UTILITY COMPANIES. CALLERS WITH AN EMERGENCY, SUCH AS A GAS SMELL, FIRE, SPARKING OR SMOKING ELECTRICAL EQUIPMENT, FLOODING NEAR ELECTRICITY, OR A MEDICAL EMERGENCY, MUST HANG UP AND CALL 911 OR THEIR UTILITY. YOU MUST HAVE YOUR OWN PROCESS FOR URGENT AND EMERGENCY CALLS.

11. Acceptable use

You won't use the Services, or let anyone else use them, to:

If a carrier, provider, or End Customer reports a problem, we may pause messages while we look into it. We'll tell you what happened and work with you to fix it.

12. Data, privacy, and security

12.1 Roles. For Client Data about your End Customers, you are the business that decides why it's collected (the “controller”), and we are your service provider (the “processor”). We process Client Data only to provide the Services, on your instructions, and as these Terms and the law allow.

12.2 No selling, no sharing for marketing. We never sell Client Data or any personal data. We never use End Customer data for our own marketing. Mobile phone numbers and text-message opt-in data and consent are never shared with or sold to third parties or affiliates for marketing or promotional purposes.

12.3 Confidentiality. We keep Client Data and your non-public business information confidential. Only the people who need access to deliver the Services (currently the owner of Baxter Ventures, LLC) can see it, and only for that purpose.

12.4 Service providers (subprocessors). We use service providers to host and run the Services, deliver calls and texts, process payments, and send email. Each one gets only the data it needs and is bound by terms that protect it. Our Privacy Policy lists the categories, and we'll give you the current list of named subprocessors on request. We'll tell you before adding a new subprocessor that will process Client Data, and you can cancel if you object.

12.5 Security. Privacy and security come first at Evergood. We use, at a minimum:

No system is perfectly secure, and we can't promise that data will never be accessed without permission.

12.6 Security incidents. If we learn that Client Data was accessed or acquired without authorization, we'll tell you without undue delay, and within 72 hours of confirming it when we can, with what we know and what we're doing about it. We'll help you meet any notice duties you have, including under Texas Business & Commerce Code Chapter 521. [VERIFY: notice timing and who notifies End Customers and the Texas Attorney General.]

12.7 Your data is yours. You own Client Data. You give us permission to use it only to provide, secure, and support the Services, to build your monthly report, and to meet legal duties. We may use counts that can't identify you or any person (for example, “average missed calls recovered per client”) to improve the Services and describe our results. [VERIFY: owner to confirm; if used publicly, results must be real and typical-result rules followed.]

12.8 Return and deletion. After the Services end, you can ask for an export for 30 days. We then delete or de-identify Client Data within 90 days, except: (a) opt-out records, which we keep only as long as needed to prevent texting someone who opted out and to show compliance [VERIFY: retention period, e.g., 4 years under the TCPA statute of limitations]; (b) billing records required by tax law; and (c) data in backups, which ages out on the provider's normal schedule and stays protected until it does.

12.9 Requests from End Customers or authorities. If an End Customer asks us about their data, we'll send them to you or, if you ask, help you respond. If a government asks for Client Data, we'll tell you first unless the law forbids it, and we'll give only what the law requires.

12.10 Our property. We own the Services, our templates, scripts, workflows, reports formats, and know-how, including the trade text scripts. You can use them while subscribed. If you give us suggestions, we may use them without owing you anything.

13. Carriers and third-party services

14. Disclaimers

EXCEPT FOR THE GUARANTEES IN SECTION 7 AND ANY PROMISE WE MAKE IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DON'T PROMISE ANY PARTICULAR NUMBER OF CALLS, JOBS, REVIEWS, OR REVENUE. ESTIMATES IN A MISSED CALL CHECK OR REPORT ARE ILLUSTRATIONS, NOT PROMISES. NOTHING WE PROVIDE IS LEGAL ADVICE.

15. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST JOBS, EVEN IF TOLD THEY WERE POSSIBLE; AND (B) EACH PARTY'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE FEES YOU PAID US IN THE 3 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM [VERIFY: 3 vs. 12 months]. THESE LIMITS DON'T APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNITY IN SECTION 16, YOUR BREACH OF SECTIONS 8, 9, OR 11, OR EITHER PARTY'S FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

16. Indemnification

You'll defend, indemnify, and hold harmless Baxter Ventures, LLC, its owner, and its contractors from claims, fines, and costs (including reasonable attorneys' fees) arising from: (a) messages sent to your End Customers or contacts, including any claim under the TCPA, Texas telephone-solicitation laws, or carrier rules, except to the extent caused by our failure to configure the Services as these Terms describe; (b) your content, scripts, and instructions; (c) your breach of Sections 8, 9, or 11; or (d) the information you gave for carrier registration. We'll tell you promptly about any claim, let you control the defense with counsel reasonably acceptable to us, and cooperate. You won't settle a claim that admits fault for us without our written consent. [VERIFY: whether Evergood should give a mutual indemnity, e.g., for its own breach of Section 12.]

17. Governing law, venue, and disputes

18. Changes to these Terms

We may update these Terms. For a material change, we'll email you at least 30 days before it takes effect and post the new version on our website with a new effective date. If you don't agree, you can cancel before the change takes effect. Changes to the guarantees never apply to a guarantee period you're already in.

19. General

20. Contact

Evergood Communications (a DBA of Baxter Ventures, LLC)
4145 Gessner Rd, Ste B #420, Houston, TX 77080
support@getevergood.com
getevergood.com

We don't publish a phone number for legal notices. A real person reads every email.

Appendix A. SMS Terms (messaging disclosure)

These SMS Terms cover text messages that Evergood Communications sends to its own clients and to people who ask us to text them. Texts that your business sends to your customers through our system are covered by your business's own SMS terms (we give each client a template for these).

Sample opt-in checkbox (unchecked by default): “☐ Yes, text me about my Evergood account and setup at the number above. Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to opt out. Consent isn't required to buy. See our Terms and Privacy Policy.”

Opt-in confirmation: “Evergood: You're signed up for account and setup texts. Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to opt out.”

HELP reply: “Evergood Communications: account and setup texts. Help: support@getevergood.com. Msg & data rates may apply. Reply STOP to opt out.”

STOP reply: “Evergood: You're unsubscribed and won't get more texts from us. Reply START to opt back in.”