Last updated: July 25, 2026
These Terms of Service ("Terms") govern your access to and use of the Holler platform, including our website, SMS/text-based agent, owner-facing messaging tools, scheduling features, and electronic signature routing (collectively, the "Service"), operated by Apps by Mike ("Holler," "we," "us," or "our"). By creating an account, connecting a phone number, or otherwise using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms.
Holler provides an AI-assisted text messaging and scheduling tool that helps small businesses respond to missed calls and inbound leads, answer routine questions, propose appointment times, and route business documents (such as service agreements, estimates, and waivers that you provide) to your customers for electronic signature. Holler acts as a messaging, scheduling, and document-transmission tool on your behalf. Holler is not a party to any agreement between you and your customers, and Holler does not draft, review, or provide legal advice regarding the content of any document sent through the Service.
You must be at least 18 years old and have the authority to bind the business you represent to use the Service. You agree to provide accurate, current, and complete information during registration, including your legal business name, tax identification number (EIN), business address, and the phone number(s) you authorize Holler to send and receive messages on your behalf. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, including messages sent by anyone you authorize to use the owner-facing controls (e.g., "takeover," "pause," contract-send approvals).
This section is important. Holler transmits and helps execute documents, pricing information, and messaging content that you provide or approve. You, and not Holler, are solely responsible for:
By uploading or approving a contract template, you represent and warrant that it complies with applicable law in the jurisdiction(s) where you do business, and you agree to indemnify Holler as described in Section 11.
Holler's AI agent is configured to fill in defined fields in documents you provide (such as customer name, job description, and price) and to communicate with leads and customers based on information you supply. Holler's agent is configured not to draft or modify contract terms, and not to characterize the legal effect of any term to a lead or customer. Nothing in the Service constitutes legal, tax, or professional advice, and Holler is not a law firm.
You authorize Holler to send and receive text messages and, where applicable, place or receive calls using the phone number(s) associated with your account, on your behalf and in connection with the Service. You represent that you have all rights necessary to forward your business calls to the Service and to authorize outbound texts to your leads and customers. You agree to comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, applicable state text-messaging and telemarketing laws, and carrier requirements (including 10DLC registration), and to promptly provide accurate business registration information (including EIN and legal entity name) needed for that registration. Message and data rates may apply to your customers; standard opt-out (STOP) handling is provided by the Service and must not be disabled or circumvented.
The Service uses a third-party electronic signature provider to capture, seal, and store signed documents and to generate an associated audit trail. Electronic signatures obtained through the Service are intended to comply with the U.S. ESIGN Act and applicable state UETA statutes; however, Holler does not guarantee that any specific document or signature will be enforceable in every circumstance, which depends in part on the content and context of the document you provide.
You agree to pay the subscription fees described at signup or in your order form, which may include a monthly platform fee and, where applicable, per-document or per-transaction charges. Fees are billed in advance and are non-refundable except as required by law or as otherwise stated in your order form. We may change fees on prospective notice. Where the Service facilitates deposit or payment collection from your customers, such payments are processed by a third-party payment processor with you (not Holler) as the merchant of record; Holler does not hold or have access to your customers' funds.
Our collection and use of information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring you have any consents from your leads and customers required for Holler to process their information as described in the Privacy Policy.
Holler retains all right, title, and interest in and to the Service, including its software, models, and documentation. You retain all right, title, and interest in the content you upload, including your contract templates, pricing, and FAQ content, and you grant Holler a limited license to use that content solely to provide the Service to you.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOLLER DOES NOT WARRANT THAT ANY AI-GENERATED MESSAGE, SCHEDULING PROPOSAL, OR DOCUMENT WILL BE ERROR-FREE, AND YOU ARE RESPONSIBLE FOR REVIEWING COMMUNICATIONS AND APPROVALS AS PROVIDED IN THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLLER'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO HOLLER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. HOLLER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST BUSINESS.
You agree to indemnify, defend, and hold harmless Holler and its officers, employees, and agents from any claim, loss, or expense (including reasonable attorneys' fees) arising out of: (a) the content of any contract, estimate, or document you upload or approve; (b) your pricing, deposit terms, or business practices; (c) your violation of applicable law, including telemarketing and consumer-protection law; or (d) your breach of these Terms.
Either party may terminate these Terms as provided in your order form, or immediately if the other party materially breaches these Terms and fails to cure within 15 days of notice. Upon termination, your access to the Service will end; certain provisions (including Sections 3, 10, 11, and 13) survive termination.
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles.
We may update these Terms from time to time. We will provide notice of material changes, and continued use of the Service after changes take effect constitutes acceptance.
Questions about these Terms may be directed to [email protected].