ApptGuard

Terms of Service

Last updated: February 4, 2026

1. Acceptance of Terms

By accessing and using ApptGuard ("Service"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Service.

These Terms constitute a legally binding agreement between you and ApptGuard. By clicking "I agree," creating an account, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Eligibility

To use ApptGuard, you must:

  • Be at least 18 years of age
  • Have the legal authority to enter into this agreement
  • Not be prohibited from using the Service under applicable law
  • Provide accurate and complete registration information

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration & Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Ensuring your contact information remains accurate and up-to-date

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

4. Description of Service

ApptGuard provides automated SMS appointment reminder services for businesses. Our Service includes:

  • Calendar integration (Google Calendar)
  • Customer contact management
  • Automated SMS appointment reminders
  • Compliance tools for consent tracking and opt-out management
  • Message delivery reporting

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We will provide at least 30 days' notice for material changes that negatively affect your use of the Service.

5. Subscription Plans & Billing

Pricing Tiers

ApptGuard offers the following monthly subscription plans:

  • Starter: $19/month - Includes 250 SMS reminders
  • Professional: $59/month - Includes 1,000 SMS reminders
  • Business: $119/month - Includes 2,500 SMS reminders

Messages exceeding your plan's monthly allowance may result in service suspension until your next billing cycle or require an upgrade to a higher tier.

Billing & Auto-Renewal

Subscriptions are billed monthly in advance. Your subscription will automatically renew each month unless you cancel. You authorize us to charge your payment method on file for all applicable fees.

We will notify you of any price changes at least 30 days before they take effect. Continued use after a price change constitutes acceptance of the new pricing.

30-Day Money-Back Guarantee

New subscribers are eligible for a full refund within 30 days of their initial subscription if not satisfied with the Service. To request a refund, contact support@apptguard.com within 30 days of your first payment. This guarantee applies only to first-time subscribers and the initial billing period.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@apptguard.com. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until your paid period expires.

After cancellation, no refunds will be issued for partial months, except as provided under our 30-day money-back guarantee.

6. SMS Services & Compliance

Service Description

ApptGuard enables you to send automated SMS appointment reminders to your customers. Messages are delivered through registered carriers using 10-digit long code (10DLC) phone numbers in compliance with carrier requirements.

Your Consent Obligations

You are solely responsible for obtaining proper consent from each message recipient before sending any SMS messages through our Service. Federal law (TCPA) and state laws require:

  • Prior Express Written Consent: You must obtain clear, documented consent from each recipient before sending messages. Pre-checked boxes are not valid consent.
  • Clear Disclosure: At the time of consent, recipients must be informed of the business name, message purpose, expected frequency, that message and data rates may apply, and how to opt out.
  • Record Keeping: You must maintain records of consent for at least 4 years, including when and how consent was obtained.
  • Consent Cannot Be Required: You may not require consent to receive messages as a condition of purchasing goods or services.

Message Frequency & Content

Message frequency varies based on appointment schedules. Typically, customers receive 1-3 messages per appointment (confirmation, reminder, and/or follow-up as you configure).

Prohibited Content: You may not send messages containing:

  • Sexual content
  • Hate speech or discriminatory content
  • Alcohol, cannabis, or controlled substance promotions
  • Firearms or weapons content
  • Tobacco or vaping promotions
  • Illegal content or content promoting illegal activities
  • Deceptive or misleading information

Time Restrictions

To comply with federal and state laws, messages may only be sent between 8:00 AM and 8:00 PM in the recipient's local time zone. This restriction applies to all messages sent through the Service.

Note: While federal TCPA allows messages until 9:00 PM, we apply the stricter 8:00 PM limit to comply with Florida, Oklahoma, and Washington state laws.

Message Limits

To comply with state laws (Florida, Oklahoma), you may not send more than 3 messages per 24-hour period to the same recipient regarding the same subject matter. Our system helps enforce this limit, but you are ultimately responsible for compliance.

Opt-Out Requirements

Recipients may opt out of messages at any time by replying STOP to any message. We also honor: UNSUBSCRIBE, CANCEL, QUIT, END, OPT OUT, REVOKE, and STOPALL.

When a recipient opts out:

  • We will send one confirmation message within 5 minutes acknowledging the opt-out
  • No further messages will be sent to that number
  • Opt-out requests are processed within 24 hours
  • You must honor opt-outs received through any reasonable means (text, email, phone call, etc.)

You may not send messages to any number that has opted out, regardless of whether the opt-out was received through our Service or another channel.

Help Requests

Recipients may text HELP to receive information about the messaging program. We will respond with your business name and contact information for support.

Carrier Compliance

All SMS campaigns sent through ApptGuard are registered with The Campaign Registry (TCR) as required by U.S. mobile carriers. Unregistered messages are blocked by carriers. We maintain our 10DLC registration, but you are responsible for ensuring your message content complies with carrier guidelines.

Carrier Disclaimer

Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. SMS delivery is subject to carrier network availability and is not guaranteed.

State Law Compliance

In addition to federal TCPA, you must comply with state telemarketing laws. Key state requirements include:

  • Florida: Express written consent required; 8 AM - 8 PM only; max 3 contacts per 24 hours; penalties up to $1,500 per message
  • Oklahoma: Express written consent required; 8 AM - 8 PM only; max 3 texts per 24 hours; 2-year consent record retention
  • Washington: Express written consent required; strict opt-out requirements; up to $1,000 per incident
  • Texas: (Effective September 2025) Covers marketing texts to Texas residents regardless of sender location

You are responsible for understanding and complying with all applicable state laws for your customers' locations.

TCPA Liability

Violations of TCPA can result in penalties of $500-$1,500 per message. You are solely responsible for ensuring compliance with all applicable laws. ApptGuard provides tools to assist with compliance but does not guarantee legal compliance and is not liable for your violations.

7. User Responsibilities

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not:

  • Use the Service for any illegal purpose or to violate any laws
  • Send unsolicited messages (spam) or messages without proper consent
  • Send messages containing prohibited content (see Section 6)
  • Attempt to circumvent message limits or compliance controls
  • Share your account credentials or allow unauthorized access
  • Interfere with or disrupt the Service or its infrastructure
  • Reverse engineer, decompile, or attempt to extract source code
  • Use the Service to harass, threaten, or harm others
  • Impersonate any person or entity

Consent Management

You are solely responsible for:

  • Obtaining valid consent from all message recipients before adding them to your contact list
  • Maintaining accurate records of consent (including date, time, method, and exact language used)
  • Honoring all opt-out requests promptly (within 10 business days as required by law)
  • Responding to carrier and regulatory inquiries about your consent practices
  • Ensuring your consent collection methods comply with TCPA and state laws

Accurate Information

You agree to provide accurate, current, and complete information when registering and using the Service, and to update such information as necessary to keep it accurate.

8. Intellectual Property

The Service, including all software, code, design, text, graphics, logos, and other content, is owned by ApptGuard and protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term, subject to these Terms.

You may not:

  • Copy, modify, or distribute any part of the Service
  • Use our trademarks or branding without written permission
  • Create derivative works based on the Service
  • Sublicense, sell, or transfer your access to others

You retain all rights to your customer data and message content. By using the Service, you grant us a limited license to process your data solely to provide the Service.

9. Data Ownership & Privacy

Your Data

You retain all right, title, and interest in and to your customer data, contact lists, and message content ("Your Data"). We claim no ownership over Your Data.

You grant us a limited license to use Your Data solely to:

  • Provide the Service (store contacts, send messages, track delivery)
  • Maintain and improve the Service
  • Comply with legal obligations

We will not sell Your Data or use it for purposes unrelated to providing the Service.

Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

Data Security

We implement reasonable security measures to protect Your Data, including encryption in transit. However, no system is completely secure, and we cannot guarantee absolute security.

10. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (we will provide advance notice when possible)
  • Emergency maintenance or security updates
  • Circumstances beyond our reasonable control (see Force Majeure)
  • Third-party service outages (SMS carriers, cloud infrastructure)

We are not liable for any damages resulting from service interruptions or delays in message delivery.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond reasonable control, including but not limited to: natural disasters, acts of government, labor disputes, internet or telecommunications failures, carrier outages, cyberattacks, or pandemics.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • APPTGUARD IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
  • WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE

IN NO EVENT SHALL APPTGUARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

12. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, FEATURES, AND SMS DELIVERY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

SMS SERVICES MAY NOT BE AVAILABLE IN ALL AREAS, AT ALL TIMES, OR ON ALL MOBILE CARRIERS. WE ARE NOT LIABLE FOR ANY FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY MESSAGE. CARRIER FEES AND MESSAGE RATES MAY APPLY.

13. Indemnification

You agree to indemnify, defend, and hold harmless ApptGuard and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation, including TCPA and state telemarketing laws
  • Your failure to obtain proper consent from message recipients
  • The content of any messages you send through the Service
  • Any third-party claims related to your SMS campaigns

This indemnification obligation will survive the termination of these Terms and your use of the Service.

14. Termination

Termination by You

You may cancel your subscription at any time through your account settings or by contacting support@apptguard.com. Cancellation takes effect at the end of your current billing period.

Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms, including TCPA compliance requirements
  • You fail to pay fees when due
  • We receive complaints about your messaging practices
  • Carriers block or restrict your messages due to compliance issues
  • We are required to do so by law
  • We reasonably believe your use poses a risk to us, other users, or third parties

For violations other than those requiring immediate action, we will provide notice and an opportunity to cure before termination where reasonable.

Effect of Termination

Upon termination:

  • Your access to the Service will end
  • Any pending messages may not be delivered
  • You remain responsible for all fees incurred before termination
  • Provisions that by their nature should survive (indemnification, limitation of liability, governing law) will survive

Data Export

You have 30 days after termination to export your data. During this period, you may request a data export by contacting support@apptguard.com. We will provide your data in standard formats (CSV or JSON). After 30 days, we may delete your data in accordance with our data retention policies.

15. Dispute Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@apptguard.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of receiving notice.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Florida, and you consent to personal jurisdiction in such courts.

17. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

  • Posting the updated Terms on our website with a new "Last Updated" date
  • Sending an email to the address associated with your account

Material changes will take effect 30 days after notice, unless a longer period is required by law. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription before the changes take effect.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Contact Information

If you have questions about these Terms of Service, please contact us:

For privacy-related inquiries, please contact privacy@apptguard.com or see our Privacy Policy.