Terms of Service

Last updated: September 18, 2026

Welcome to NeverGap. NeverGap is online booking and scheduling software operated by NeverGap LLC, a New Jersey limited liability company. By accessing or using our platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

These Terms apply both to business owners who create a NeverGap account ("Business Users") and to clients who book appointments, join waitlists, or pay deposits through a business's NeverGap page ("Clients"). "You" refers to whichever of these applies to you.

1. Acceptance of Terms

By creating an account or using NeverGap, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We may modify these Terms at any time by posting updated Terms on our website. Continued use after changes constitutes acceptance.

2. Description of Service

NeverGap provides an online booking and scheduling platform for service-based businesses. Our services include:

SMS Notifications: By booking an appointment, you consent to receive SMS notifications (confirmations, reminders, cancellation notices). Message and data rates may apply. You can opt out at any time by replying STOP. See our Privacy Policy for more details on SMS usage.

Waitlist SMS Consent: By joining a business waitlist through NeverGap you consent to receive automated SMS messages from that business regarding available appointment slots. Reply STOP to opt out at any time. Message and data rates may apply.

Missed-Call Text-Back: If you call a business that uses NeverGap and your call is not answered, you may receive a single automated SMS from that business with a link to book. Reply STOP to opt out at any time. Message and data rates may apply.

NeverGap's Role: Software Provider Only

NeverGap provides scheduling and booking software. NeverGap is not a party to any appointment, transaction, or agreement between a Client and a Business User, and does not provide the underlying services that businesses book through the platform.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use NeverGap. By using our services, you represent and warrant that you meet these requirements.

4. Account Registration

To use NeverGap, you must:

5. User Responsibilities

NeverGap is a scheduling and appointment management tool. Users are solely responsible for ensuring their use of the platform complies with all applicable laws and professional regulations. NeverGap does not offer Business Associate Agreements and is not designed to handle Protected Health Information (PHI) under HIPAA. Customers should not submit PHI through intake forms or any other feature of the platform.

6. Acceptable Use

You agree NOT to:

7. Subscription Plans & Pricing

Subscription Terms

NeverGap offers three plans: a Free plan, a Solo plan at $9/month, and a Pro plan at $19/month or $190/year. Prices are in USD and subject to change with 30 days notice to existing subscribers.

Free Plan Limitations

Free plan accounts are limited to 10 bookings per month and display "Powered by NeverGap" branding on all client-facing pages and emails.

Solo Plan

The Solo plan ($9/month) adds unlimited bookings and client deposit collection. "Powered by NeverGap" branding remains on client-facing pages and emails. Solo is billed monthly.

Pro Plan Benefits

Pro plan subscribers receive everything in Solo plus automatic no-show recovery, flash-fill, automated win-back and cadence reminders, automated review requests, optional removal of NeverGap branding, priority support, and access to all current and future Pro features.

Free Trial

New accounts receive a 14-day free trial of the Pro plan. No credit card required to start. At the end of the trial period the account automatically reverts to the free plan unless upgraded.

Cancellation

You may cancel your subscription at any time from Settings → Billing. Cancellation takes effect at the end of your current billing period. You will not be charged again after cancellation.

Refund Policy

Subscription fees are non-refundable except where required by law. Notwithstanding the above, NeverGap offers a 7-day money-back guarantee as described at nevergap.com/refund.

Payment Processing

All payments are processed securely by Stripe. NeverGap does not store credit card information.

Auto-Renewal

Subscriptions automatically renew at the end of each billing period. You will receive an email reminder before renewal. You may cancel at any time before renewal to avoid being charged.

8. Deposit Collection

NeverGap allows business owners to collect deposits from clients. By using this feature, you agree to:

See our Refund Policy for deposit refund guidelines.

9. Cancellation and Termination

Your Right to Cancel: You may cancel your Pro subscription at any time from Settings → Subscription & Billing. If you cancel within 7 days of your first payment, you're eligible for a full refund under our 7-day money-back guarantee (see Refund Policy). If you cancel after 7 days, your cancellation will be scheduled for the end of your current billing period, you'll retain Pro access until then and automatically downgrade to Free. You can reactivate your subscription before the scheduled cancellation date.

Our Right to Terminate: We reserve the right to suspend or terminate your account at any time for:

Upon account deletion (not just Pro cancellation), your data may be permanently deleted after 30 days. Cancelling your Pro subscription does not delete your account, you'll remain on the Free plan with access to your data.

10. Intellectual Property

NeverGap and all content, features, and functionality are owned by NeverGap and protected by copyright, trademark, and other intellectual property laws. You may not:

You retain ownership of any content you submit through the service (client data, business information, etc.).

11. Disclaimer of Warranties

NeverGap is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied. We do not guarantee that:

You use the service at your own risk.

12. Limitation of Liability

To the maximum extent permitted by law, NeverGap shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to:

Our total liability for any claim arising from your use of the service shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless NeverGap from any claims, damages, liabilities, and expenses (including legal fees) arising from:

14. Data and Privacy

Your use of NeverGap is subject to our Privacy Policy. We collect, use, and protect your data as described in that policy. You are responsible for maintaining backups of any critical data.

Data Ownership

You retain full ownership of all data you submit to NeverGap, including client information, appointment records, business details, and any other content you create. We do not claim ownership of your data. You grant us a limited license to use your data solely to provide and improve our services. This license terminates when you delete your data or close your account, except for data we're required to retain for legal or regulatory purposes.

15. Service Availability

We strive to provide reliable service but do not guarantee 100% uptime. The service may be unavailable due to maintenance, updates, or technical issues. We are not liable for any damages resulting from service interruptions.

16. Dispute Resolution & Arbitration

Governing Law: These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Please read this section carefully. It affects your legal rights.

Agreement to Arbitrate: Except for the exceptions below, you and NeverGap agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the service will be resolved by binding individual arbitration, and not in a court of law before a judge or jury. By agreeing to arbitration, you and NeverGap are each giving up the right to sue in court and the right to a trial by jury, and you are giving up the right to participate in a class action. An arbitrator's decision is generally final and subject to only very limited review by a court.

How Arbitration Works: The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. If the AAA is unavailable, you and NeverGap will agree on another established arbitration provider or a court will appoint one. The arbitration may be conducted by telephone, video, or written submissions, or in person in the county where you reside or another mutually agreed location. The arbitrator may award the same individual relief a court could.

Exceptions (claims you can still bring in court): Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property or address unauthorized access or misuse of the service.

Class Action & Jury Trial Waiver: You and NeverGap agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. You and NeverGap waive any right to a jury trial. The arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding.

Your Right to Opt Out of Arbitration: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@nevergap.com with the subject line "Arbitration Opt-Out" and your account email. If you opt out, disputes will be resolved in the state or federal courts located in New Jersey, and both parties consent to the jurisdiction and venue of those courts. Opting out of arbitration does not affect any other part of these Terms.

17. Changes to Service

We reserve the right to modify, suspend, or discontinue any part of the service at any time without notice. We are not liable for any modification, suspension, or discontinuation.

18. Third-Party Services

NeverGap integrates with third-party services including:

Your use of these services is subject to their respective terms and conditions. We are not responsible for third-party service performance or policies.

19. Survival

Provisions of these Terms that by their nature should survive termination (including liability limitations, indemnification, and dispute resolution) shall survive the termination of your account or these Terms.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. If the Class Action & Jury Trial Waiver in Section 16 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided in court, while the rest of Section 16 continues to apply to all other claims.

21. Force Majeure

NeverGap is not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power outages, or failures of third-party service providers (such as our hosting, payment, SMS, or email providers).

22. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. These Terms bind and benefit each party's permitted successors and assigns.

23. No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. Any waiver must be in writing to be effective.

24. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and NeverGap regarding the service and supersede any prior agreements.

25. Contact Information

If you have questions about these Terms, contact us at: