Terms of Service

1. Overview

These Terms of Service govern your access to and use of Gerald, a client communication platform operated by Totally Legitimate Business, LLC, doing business as TLB Cloud, a limited liability company registered in the State of South Dakota, with its principal place of business in Rapid City, South Dakota (Pennington County).

By accessing or using Gerald, you agree to be bound by these Terms. If you are using Gerald on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, do not use Gerald.

2. What Gerald Does

Gerald is a business-to-client communication platform that enables organizations to send and receive SMS messages, appointment reminders, status updates, and other operational communications with their clients and customers.

Gerald integrates with third-party platforms including but not limited to Clio, Monday.com, and Twilio to facilitate these communications. Gerald acts as a communication layer and is not a legal, medical, or professional services platform.

Gerald does not provide legal advice, medical advice, or any professional services. Any content transmitted through Gerald is the sole responsibility of the business using the platform.

3. SMS Messaging and Communications

By using Gerald, businesses agree to the following regarding SMS and text message communications sent through the platform:

• All SMS communications are sent on behalf of the subscribing business to that business's existing clients or customers who have provided their phone number as part of an established business relationship.
• Message and data rates may apply to recipients depending on their mobile carrier and plan.
• Recipients can reply STOP at any time to opt out of further messages. Opt-out requests are honored immediately and automatically.
• Recipients can reply HELP at any time to receive assistance. Help responses will include contact information for the sending business and Gerald support at legal@higerald.com.
• Businesses are responsible for ensuring they have appropriate consent to contact recipients via SMS prior to sending any messages through Gerald.
• Gerald does not send marketing, promotional, or unsolicited messages. All messages are transactional and operational in nature, sent in connection with an existing client relationship.

4. Accounts and Access

To use Gerald, your business must register for an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

You agree not to share your account credentials with unauthorized parties. If you suspect unauthorized access to your account, you must notify us immediately at legal@higerald.com.

TLB Cloud reserves the right to suspend or terminate any account that violates these Terms or that we reasonably believe poses a risk to the platform or its users.

5. Acceptable Use

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

• Send spam, unsolicited messages, or any communications to individuals who have not consented to receive them.
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Impersonate any person, business, or entity, or misrepresent your affiliation with any person or entity.
• Violate any applicable federal, state, or local law or regulation, including the Telephone Consumer Protection Act (TCPA) and all applicable carrier guidelines.
• Interfere with or disrupt the integrity or performance of the platform or its underlying infrastructure.
• Attempt to gain unauthorized access to any portion of Gerald or its related systems.
• Use Gerald to transmit sensitive personal information including social security numbers, financial account numbers, or protected health information without appropriate safeguards.

TLB Cloud reserves the right to investigate and take appropriate action against any violation of these terms, including immediate termination of access.

6. Third-Party Integrations

Gerald connects with third-party services including Clio, Monday.com, Twilio, and others to deliver its functionality. Your use of these integrations is subject to the terms and privacy policies of those third parties. TLB Cloud is not responsible for the availability, accuracy, or conduct of any third-party service.

By connecting a third-party service to Gerald, you authorize Gerald to access and interact with that service on your behalf to the extent necessary to provide the features you have enabled.

7. Data and Privacy

Your use of Gerald is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Gerald, you agree to the collection and use of information as described in our Privacy Policy.

You are responsible for ensuring that any personal data you provide to Gerald or transmit through Gerald has been collected and shared in accordance with applicable privacy laws.

8. Fees and Payment

Gerald may charge subscription fees, per-message fees, phone number provisioning fees, or other fees depending on the plan and features selected. All fees are disclosed prior to purchase and are billed in United States dollars.

Fees paid are non-refundable except as required by applicable law or as expressly stated in a separate written agreement. TLB Cloud reserves the right to modify pricing with reasonable advance notice.

SMS messaging costs are passed through from our underlying carrier provider (Twilio) and may be subject to a markup. Per-message rates will be disclosed in your account dashboard.

9. Intellectual Property

Gerald and all related software, design, trademarks, and content are the property of Totally Legitimate Business, LLC (DBA TLB Cloud) and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on Gerald without our express written permission.

You retain ownership of all content and data you transmit through Gerald. By using Gerald, you grant TLB Cloud a limited license to process and transmit that content solely to provide the services described in these Terms.

10. Disclaimer of Warranties

Gerald is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

TLB Cloud does not warrant that Gerald will be uninterrupted, error-free, or free of viruses or other harmful components. You use Gerald at your own risk.

11. Limitation of Liability

To the fullest extent permitted by applicable law, TLB Cloud and its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of Gerald, including but not limited to loss of data, loss of revenue, or business interruption.

Our total liability to you for any claims arising under these Terms shall not exceed the amount you paid to TLB Cloud in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless TLB Cloud and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of Gerald, your violation of these Terms, or your violation of any applicable law or regulation.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Pennington County, South Dakota.

14. Changes to These Terms

TLB Cloud reserves the right to update these Terms at any time. When we do, we will update the effective date at the top of this page. Continued use of Gerald after any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

15. Contact

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

Totally Legitimate Business, LLC (DBA TLB Cloud)
Rapid City, South Dakota
legal@higerald.com