These Terms of Service ("Terms") are a binding agreement between WebVehicle, LLC, operating the FirstTrust platform ("FirstTrust," "we," "us," or "our"), and the individual or entity that accepts these Terms ("you"). They govern your access to and use of our website (firsttrust.app), products, software, integrations, APIs, communications features (email/SMS/voice), and related services (collectively, the "Platform").
By creating an account, clicking "I agree," or using the Platform, you accept these Terms and our Privacy Policy (incorporated by reference). If you do not agree, do not use the Platform.
We may update these Terms from time to time. When we do, we will post a new "Last Updated" date. Your continued use constitutes acceptance.
Important: These Terms include a binding arbitration clause and class action waiver (Section 13), limitations of liability (Section 8), disclaimers (Section 7), and auto-renewal and billing terms (Section 4).
1.1. Age & Business Use
You must be 18 years or older to use the Platform. The Platform is for business use (including use in a trade or profession). If you accept on behalf of an entity, you represent you are authorized to bind that entity; that entity is the Account Owner.
1.2. Account Security
Keep your login credentials confidential. You are responsible for all activity under your account. Notify us promptly of any unauthorized access. Accounts are non-transferable.
1.3. Lawful Use; Your Responsibilities
1.4. Healthcare / HIPAA
We are not HIPAA compliant and do not act as your Business Associate. Do not upload, store, or process Protected Health Information (PHI) on the Platform. We do not offer a BAA.
2.1. You Send; We Provide Tools
We provide tools; you (not FirstTrust) originate all messages and calls sent to your customers and reviewers. You must:
Typical FirstTrust communications include testimonial request messages, new-testimonial notifications to account holders, and appointment/onboarding reminders. You are solely responsible for ensuring the content and timing of these messages comply with applicable law.
2.2. Texas-Specific Note (TBCC/SB140)
If you market into Texas or operate from Texas, you are solely responsible for determining whether you must register as a telemarketer under TBCC §302.101 (or qualify for an exemption) and for compliance with SB140, which expands liability (including private DTPA actions). You agree to indemnify us for claims arising from your Texas activities (see Section 8).
Some features rely on third-party providers (e.g., carriers, SMS gateways, email delivery, payment processors, GoHighLevel, Stripe, Calendly, Shopify, and analytics tools). We don't control third-party uptime, deliverability, or policies. Your use of third-party services may be governed by their terms.
Phone numbers, short codes, long codes, toll-free numbers, email sender addresses, and sender IDs are typically provisioned through third parties and may be reassigned if your account is paused, terminated, or unpaid. We may release numbers after reasonable notice or cost considerations.
4.1. Fees & Surcharges
You agree to pay all subscription fees, usage fees, and communication surcharges (carrier and pass-through fees) applicable to your selected plan. Fees are billed in advance; usage/surcharges may be billed in arrears. All fees are non-refundable unless required by law.
4.2. Auto-Renewal
Subscriptions auto-renew for the applicable term unless canceled per Section 12. You authorize us to charge your payment method on file.
4.3. Changes; Overdue Amounts
We may change pricing with notice. Overdue amounts may lead to suspension or termination and may incur collection costs and reasonable attorneys' fees.
4.4. Taxes
You're responsible for all applicable taxes. We may calculate/collect taxes as required.
5.1. Our IP
The Platform (and all associated content, software, and trademarks) is owned by us or our licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform during your subscription. No other rights are granted.
5.2. Your Content
You retain ownership of your account content, including testimonials, media, and business/brand information you upload or collect. You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, modify (solely for technical rendering, e.g., in Wall of Love widgets), and otherwise use your content to operate, secure, and improve the Platform and our services.
5.3. Reviewer Content
Testimonials and reviews submitted by your customers ("Reviewer Content") through your FirstTrust forms or widgets are collected on your behalf. You are responsible for ensuring you have the necessary rights and consents to collect, store, and publish this Reviewer Content, including any names, photos, videos, or personal statements included in it.
5.4. Feedback
If you give us ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.
5.5. DMCA
We honor DMCA notices. Send notices to:
DMCA Agent: WebVehicle, LLC – Attn: Copyright Agent
Address: 1238 S Rosemoor, Nixa, MO 65714
Email: [email protected]
(Include all elements required by 17 U.S.C. a7a7512(c)(3).)
You will not: break laws; harass, defraud, or exploit others; infringe IP or privacy rights; send illegal, spam, or abusive content; fabricate or misrepresent testimonials as genuine customer feedback; interfere with or overload the Platform; attempt unauthorized access; or introduce malware. We may suspend or terminate for violations.
The Platform is provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, uptime, deliverability, or error-free/secure operation. You acknowledge telecom/Internet ecosystems are inherently variable, and deliverability, carrier filtering, and third-party outages are outside our control.
Depending on your location and applicable law, including (where relevant) the California Consumer Privacy Act (CCPA) and the EU/UK General Data Protection Regulation (GDPR), you may have certain rights regarding your Personal Information, such as:
8.1. Liability Cap
Our total liability for any claim arising out of or relating to these Terms or the Platform is limited to the fees you paid to us in the three (3) months preceding the event giving rise to the claim.
8.2. Exclusion of Damages
We will not be liable for indirect, incidental, special, punitive, or consequential damages, lost profits, lost data, business interruption, telecom/carrier failures, or third-party acts/omissions, even if advised of the possibility.
8.3. Your Indemnity
You agree to defend, indemnify, and hold harmless FirstTrust, WebVehicle, LLC, and our officers, directors, employees, and agents from any claims, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) your content, testimonials, or communications;
(b) your (or your users') violation of laws (including TCPA, CAN-SPAM, TBCC/SB140, DNC, ADAD, CTIA), third-party terms, or these Terms;
(c) your failure to register or comply with state telemarketing rules;
(d) disputes with your customers or reviewers;
(e) taxes related to your transactions; or
(f) alleged infringement resulting from your content, testimonials, or configurations.
We may modify or discontinue features at any time. Some features may be beta or AI-assisted; you use them at your own risk and must validate outputs. We may push updates that change behavior or require configuration changes.
Recognize and remember your browser or device.
Understand how you interact with our Service and improve usability.
Analyze performance, troubleshoot issues, and secure our systems.
We use cookies and similar technologies (such as pixels and scripts) to:
Each party may access the other's Confidential Information; it will be protected with reasonable safeguards and used only to perform under these Terms. If you process personal data, you agree to comply with applicable privacy laws and our Privacy Policy. If a DPA is required, it will form part of these Terms when executed.
You will comply with export controls, sanctions, and anti-corruption laws. The Platform is not available to users in embargoed countries or on restricted lists.
If you provide your phone number or email address, you may receive transactional messages (such as account alerts or notifications) or marketing communications related to FirstTrust and WebVehicle, LLC.
To provide, operate, and maintain the FirstTrust Service.
To personalize your experience and deliver content relevant to your interests.
To communicate with you about updates, features, offers, and support.
To analyze usage and improve the performance, security, and functionality of our Service.
To comply with legal obligations and enforce our terms, policies, and agreements.
These Terms continue until terminated. We may suspend or terminate immediately for any breach, risk, non-payment, suspected fraud, unlawful activity, or to comply with law. On termination, your right to use the Platform ceases. Sections intended to survive (including 2, 4–8, 10–14) survive.
Your cancellation: To avoid next renewal, cancel in your dashboard or by written notice to [email protected] at least 30 days before your next billing date (unless a signed order states otherwise). Fees already paid are non-refundable.
Preferences for receiving marketing communications from us.
Records of your communications with us, including email, chat, and support interactions.
Marketing & communication information:
Log data such as IP address, browser type, device identifiers, operating system, and access times.
Usage data such as pages viewed, features used, clicks, and interaction with our Service.
Cookies and similar technologies used to recognize your browser or device and improve your experience.
Automatically collected information:
Name, email address, and contact details you provide when signing up, subscribing, or contacting us.
Business information such as company name, role, and website if you provide it as part of your use of FirstTrust.
Any information submitted via forms, surveys, chat, or support requests.
Information you provide directly:
We collect information that identifies, relates to, describes, or could reasonably be linked to you or your use of the Service ("Personal Information"). This may include:
These Terms are governed by the laws of the State of Texas (without regard to conflicts of laws). Any dispute will be resolved by binding arbitration administered by the AAA under its Commercial Rules in Springfield, Missouri before a single arbitrator. The Federal Arbitration Act governs interpretation/enforcement of this clause. No class actions or consolidated proceedings. Either party may seek injunctive relief in court to protect IP or confidential information.
Assignment. You may not assign without our prior written consent; we may assign.
Severability; Waiver. If a provision is unenforceable, the remainder stays effective. No waiver is ongoing unless in writing.
Notices. We may notify you by email or in-app. You will send legal notices to [email protected] (subject: "Legal Notice").
Entire Agreement; Order of Precedence. These Terms, the Privacy Policy, any DPA, and any signed order are the entire agreement. If there's a conflict, a signed order or DPA (as applicable) controls, then these Terms, then the Privacy Policy.
Limitation Period. Any claim must be brought within three (3) months of the event giving rise to the claim.
Force Majeure. We're not liable for delays or failures caused by events beyond our reasonable control.