Effective Date: March 13, 2026
These Terms and Conditions of Service (the "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Hexoglyph Holdings, LLC, doing business as PepperSend ("PepperSend," "Company," "we," "us," or "our"), governing your access to and use of the PepperSend platform and related services (the "Service").
By accessing, registering for, configuring, or using the Service, you affirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
For purposes of these Terms, the following definitions apply:
The Service is a business communication platform designed to assist Users in responding to missed calls, managing customer conversations through AI-driven SMS, scheduling appointments, and routing conversations to human operators when appropriate. The Service does not operate as an advertising network, bulk marketing platform, or lead-generation service unless expressly configured by the User in compliance with Applicable Law and carrier requirements.
You represent and warrant that: you are at least eighteen (18) years of age; you have the legal capacity to enter into these Terms; if acting on behalf of an entity, you have authority to bind that entity; and your use of the Service complies with Applicable Law.
PepperSend reserves the right to refuse service to any User at its sole discretion.
You are solely and exclusively responsible for: the accuracy of all business information, scheduling data, service descriptions, and availability details provided to the Service; the legality, accuracy, and appropriateness of all Message Content, including AI-generated responses sent on your behalf; obtaining and maintaining valid opt-in consent from End Recipients; providing required disclosures (STOP, HELP, message and data rates may apply); compliance with all Applicable Law and carrier policies; and configuring AI behavior, knowledge base content, and handoff triggers appropriate to your business.
PepperSend does not review Message Content or AI-generated responses for legal sufficiency and assumes no responsibility for User misuse or misconfiguration of AI settings.
Users must obtain clear, affirmative, and documented consent from End Recipients prior to sending messages through the Service. Consent must be freely given, not implied or pre-checked, and revocable at any time.
For missed-call auto-response scenarios, Users must ensure that callers are informed, via voicemail greeting, IVR prompt, or website disclosure, that missed calls may trigger an automated SMS response.
End Recipients must be informed of opt-out instructions ("STOP"), assistance instructions ("HELP"), and potential message and data rates.
Users may not send unsolicited, deceptive, abusive, or unlawful messages.
PepperSend sends automated SMS messages to End Recipients on behalf of Users in the following scenarios: (a) a missed call to a PepperSend-enabled business number, (b) a voicemail left at a PepperSend-enabled business number, or (c) an ongoing AI-assisted conversation initiated by one of the above events.
Opt-In: By calling a PepperSend-enabled business number and not reaching the business, the End Recipient may receive an automated text message. Users are responsible for informing callers of this behavior via voicemail greeting, IVR prompt, or website disclosure.
Opt-Out: End Recipients may opt out of SMS messages at any time by replying STOP to any message. A confirmation will be sent, and no further messages will be delivered unless consent is re-established.
Help: End Recipients may reply HELP at any time for support information.
Message Frequency: Message frequency varies based on the nature of the conversation and user interaction. Message and data rates may apply.
Data Privacy: No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.
Participation in SMS messaging is not a condition of purchase.
The Service utilizes Automated Processing to interpret incoming messages, generate conversational responses, assess caller intent and sentiment, schedule appointments, and determine when to hand off conversations to human operators.
Automated Processing may produce incorrect, incomplete, delayed, or unintended results. The Service does not guarantee correct interpretation of user intent, accurate sentiment classification, or appropriate handoff timing.
Users and End Recipients remain solely responsible for verifying all critical information, including appointment confirmations, pricing, service availability, and any business commitments communicated through AI-generated responses.
You may not use the Service to: transmit spam or unauthorized marketing messages; harass, threaten, deceive, or impersonate others; violate carrier policies or network rules; transmit unlawful, obscene, or abusive material; configure AI responses to provide medical, legal, or financial advice; or interfere with the Service or its infrastructure.
PepperSend may suspend or terminate access for violations without notice.
SMS delivery and VoIP connectivity are provided on a best-effort basis and depend on third-party networks, carrier policies, and telephony infrastructure. PepperSend makes no guarantees regarding message delivery, delivery timing, call handling reliability, network availability, or recipient device compatibility.
The Service is offered in subscription tiers. Specific pricing, feature inclusions, and usage limits for each tier are published on the PepperSend website and may be updated with reasonable notice. All fees are non-refundable unless required by law. Non-payment may result in suspension or termination of access to the Service.
All intellectual property rights in the Service, including software, AI models, trademarks, branding, and documentation, are owned exclusively by Hexoglyph Holdings, LLC.
Users are granted a limited, revocable, non-exclusive, non-transferable license to use the Service solely in accordance with these Terms.
Use of the Service is subject to the Free Tools PepperSend Privacy Policy, which is incorporated by reference. In the event of conflict, these Terms shall control.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." PEPPERSEND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PEPPERSEND DOES NOT WARRANT THAT AI-GENERATED RESPONSES WILL BE ACCURATE, APPROPRIATE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEPPERSEND SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING MISSED APPOINTMENTS, LOST CUSTOMERS, REPUTATIONAL HARM, OR BUSINESS OUTCOMES RESULTING FROM AI-GENERATED COMMUNICATIONS. TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) FEES PAID IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR (B) $100 USD.
You agree to indemnify, defend, and hold harmless Hexoglyph Holdings, LLC and its officers, directors, employees, and agents from all claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, Message Content, failure to obtain consent, misconfiguration of AI settings, or violation of Applicable Law or these Terms.
PepperSend may suspend or terminate access to the Service at any time, with or without notice, for any reason, including compliance risk.
Upon termination, all licenses granted herein immediately cease.
Informal Resolution. Before initiating formal proceedings, you agree to contact PepperSend at contactus@peppersend.com and provide a written description of the dispute, the relief sought, and your contact information. The parties will attempt to resolve the dispute informally for at least 30 days.
Binding Arbitration. If informal resolution fails, all disputes arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Utah. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. You waive any right to bring or participate in any class action, class arbitration, or representative proceeding against PepperSend.
Injunctive Relief. Either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm while arbitration is pending.
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles.
PepperSend may modify these Terms at any time. We will provide reasonable notice of material changes via email or prominent notice on the Service. Continued use of the Service after the effective date of modifications constitutes acceptance.
All inquiries regarding these Terms must be submitted through the official PepperSend support portal or by contacting us at:
Hexoglyph Holdings, LLC
d/b/a PepperSend
Email: contactus@peppersend.com