Terms and Conditions

& the Kitchen Sink is operated by Ricky O'Neal, a sole proprietor based in Illinois. Contact: rickyl.oneal@gmail.com. Using the site or the application means you accept these terms.

1. What the service is

& the Kitchen Sink is business software for residential trade contractors. It keeps a shop's jobs, schedule, money records, documents, and public business page, and it accepts text messages and phone calls from the business owner as a way to enter that information.

The assistant, Mary, works for the business owner. She does not answer calls from the business's customers.

2. Accounts

Accounts are for businesses, not consumers. You must be at least 18 and authorized to act for the business. Keep your sign-in credentials to yourself: you are responsible for what happens under your account. Tell us at once if you think someone else has access.

3. Your data stays yours

Your jobs, customers, money records, documents, and photos belong to you. We hold them to run the service for you. We do not sell them and we do not use them to market to your customers. You can ask for a copy or for deletion at any time. See the Privacy Policy.

4. Your responsibilities

You are responsible for the accuracy of what you enter and for how you use the service, including:

• Having permission to contact your own customers, and honoring any request to stop.
• Your own licensing, insurance, permits, tax filings, and any other legal obligation of your trade.
• Not using the service to send unlawful, harassing, or deceptive messages, and not sending marketing or promotional texts through it.

5. The assistant reads what you send

Messages you send to the assistant are read by an automated system that proposes a record. Nothing is written to your books until you confirm it. Check the proposal before you confirm it: a mistaken confirmation is a record in your books.

6. Fees

Pricing and terms of payment are agreed in writing before an account starts. Fees are quoted in US dollars. Either side may end the arrangement with notice as set out in that agreement.

7. Availability, warranty, and liability

We work to keep the service running, but it is provided as is, without warranty of any kind. We are not liable for indirect or consequential losses, including lost profits or lost business. Our total liability for any claim is limited to the fees you paid in the three months before the claim arose. Nothing here limits liability that cannot be limited by law.

8. Text messaging terms

Program name: And the Kitchen Sink (Ricky O'Neal) field service messaging. And the Kitchen Sink is the trading name of Ricky O'Neal, a sole proprietor in Illinois, who is the registered sender.

Program description: This program messages business owners who hold an account with us, and no one else. The owner texts the assistant to log a job, record a payment, or update their business page, and the assistant texts back a short summary to confirm. The owner replies yes to save it, no to skip it, or undo to reverse it. The assistant only ever replies to a message the owner sent first: it never messages an owner first. This program does not send marketing or promotional messages.

How to join: In your account, under Settings, Text messages, type your own mobile number into the field labelled "Your mobile number", then turn on the "Text Mary from your phone" switch. The switch is off until you turn it on, and your account works with it off, so this is optional and is not a condition of using the software. Typing the number is not consent on its own: your number and your consent are saved together only when you turn the switch on. The text beside the switch reads: "Turn this on to agree to receive recurring text messages from And the Kitchen Sink (Ricky O'Neal) at the mobile number you enter below. Mary only replies to texts you send her and never messages you first. Message frequency varies based on your use, typically one reply per text you send. Message and data rates may apply. You can use your account with this setting off. Reply HELP for help, STOP to opt out. See our Privacy Policy and Terms." Nothing is sent to a number that has not turned it on.

Message frequency: Varies, and you set it. You receive about one reply for each message you send, so the volume is entirely yours.

Message and data rates may apply. Your mobile carrier's standard rates apply to messages you send and receive. We do not charge for the messages themselves. Carriers are not liable for delayed or undelivered messages.

To opt out, reply STOP to any message from the number, or turn the switch off in Settings. Messages stop immediately and you receive one confirmation that they have stopped. To start again, text START to the same number or turn the switch back on: only the person who opted out can do that.

For help, reply HELP to any message from the number, or email rickyl.oneal@gmail.com. HELP returns a short description of the program and the opt-out instruction.

Carrier support: Supported on major US carriers. Delivery is not guaranteed and can be affected by carrier filtering.

Privacy: Mobile numbers and text messaging consent are never shared with third parties or affiliates for marketing or promotional purposes, and are never sold. See the Privacy Policy.

9. Phone calls with the assistant

Calls a business owner places to their assistant number are recorded and transcribed so the records can be written. Illinois requires consent from everyone on a recorded call, so the notice is spoken at the start of every call. Do not put anyone else on a call with the assistant without telling them it is recorded.

10. Ending the service

You can close your account at any time. We can suspend or close an account that breaches these terms, or that puts the service or its other users at risk. On closure you can request an export of your data. See the Privacy Policy for how long records are kept after that.

11. Governing law

These terms are governed by the laws of the State of Illinois, and disputes belong to the state or federal courts sitting in Cook County, Illinois.

12. Changes

If these terms change in a way that matters, the effective date at the top changes and account holders are notified by email. Continuing to use the service after that means you accept the change.