Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING AI PHONE 360. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.

1. Parties & Agreement

This Agreement (“Terms”) is a legally binding contract between you (“User,” “Subscriber,” “you,” or “your”) and Houston IT Developers LLC, a Texas limited liability company doing business as “AI Phone 360” (“Company,” “we,” “us,” or “our”), with its principal place of business in Conroe, Texas.

By accessing, registering for, or using our services — including our websites, mobile applications (iOS and Android), web dashboard, APIs, and any related tools or features (collectively, the “Services”) — you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein.

You represent and warrant that you are at least 18 years of age, have the legal capacity to enter into this Agreement, and, if acting on behalf of a business or organization, have the authority to bind that entity to these Terms.

2. Platform Description

AI Phone 360 is a software-as-a-service (SaaS) platform providing:

• AI-powered call handling and virtual receptionist services
• Business phone number provisioning and number porting
• Voicemail, SMS messaging, and live chat capabilities
• Call recording, transcription, and AI-generated summaries
• Voice cloning and custom AI voice selection
• Customer relationship management (CRM) features
• Analytics, reporting, and team management tools
• Third-party integrations via API and pre-built connectors

Services are provided on an “as is” and “as available” basis. We do not guarantee uninterrupted, error-free, or secure service at all times. AI-generated content, including transcriptions, summaries, and automated responses, may contain errors or inaccuracies and should not be relied upon as the sole or authoritative record of any communication.

3. Subscriptions, Billing & Payments

Pricing Plans (Web):

• Basic: $19.99/month — AI calls at $0.35/min
• Pro: $59.99/month — AI calls at $0.20/min
• Enterprise: $199.99/month — AI calls at $0.12/min

Usage-Based Charges: In addition to your monthly subscription fee, you will be billed for usage including AI call minutes, team/keypad call minutes, SMS messages, live chat conversations, voicemails, file sharing, and additional phone numbers at the rates published on our pricing page. Usage charges are billed at the end of each billing cycle.

App Store Pricing: Subscriptions purchased through the Apple App Store or Google Play Store are subject to higher pricing due to platform fees. App Store terms and refund policies may differ from direct web subscriptions.

Auto-Renewal: All subscriptions automatically renew at the end of each billing period at the then-current rate until cancelled. You are solely responsible for cancelling your subscription before the next renewal date. Cancellation takes effect at the end of the current billing period.

ALL SALES ARE FINAL. NO REFUNDS. All subscription purchases and usage charges are final and non-refundable. We do not provide refunds or credits for partial months, unused services, unused AI minutes, downgrade differences, or any other reason. By subscribing, you acknowledge and agree to this no-refund policy.

Payment Processing: Payments are processed securely through Stripe (for web subscriptions) or through Apple/Google (for App Store subscriptions). You authorize us to charge your selected payment method for all applicable fees. If payment fails, we may suspend or terminate your access to the Services.

Price Changes: We reserve the right to modify pricing at any time. Price changes for existing subscribers will take effect at the beginning of the next billing cycle following reasonable notice.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services to make illegal robocalls, send unsolicited commercial messages, or engage in any form of spam
• Use the Services for fraud, scams, phishing, or any deceptive practices
• Engage in harassment, threats, stalking, or abusive communications through the Services
• Impersonate any person or entity, or misrepresent your identity or affiliation
• Collect, harvest, or store personal information of third parties without their consent
• Attempt to gain unauthorized access to our systems, other users' accounts, or any networks connected to our Services
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of our Services
• Use the Services to transmit malware, viruses, or other harmful code
• Interfere with or disrupt the integrity or performance of the Services
• Resell, sublicense, or redistribute the Services without our express written consent
• Use the Services in violation of any applicable law, regulation, or third-party rights
• Use the Services for any purpose that competes with or is detrimental to AI Phone 360

Violations of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund, and may be reported to law enforcement authorities.

5. Telecommunications Compliance

You acknowledge that the Services involve telecommunications and you agree to comply with all applicable telecommunications laws and regulations, including but not limited to:

• TCPA: The Telephone Consumer Protection Act (47 U.S.C. § 227) and all FCC rules and regulations thereunder, including requirements for prior express consent for automated calls and texts
• CAN-SPAM Act: Requirements for commercial electronic messages (15 U.S.C. § 7701 et seq.)
• Call Recording Laws: All applicable federal and state laws regarding call recording and consent, including one-party and all-party consent requirements. You are solely responsible for determining and complying with the applicable recording consent laws in your jurisdiction and the jurisdictions of your callers
• FCC Regulations: All applicable Federal Communications Commission rules and regulations
• Do Not Call Registry: The National Do Not Call Registry (16 CFR Part 310) and any applicable state do-not-call lists
• Truth in Caller ID Act: Prohibition on transmitting misleading or inaccurate caller identification information (47 U.S.C. § 227(e))
• State Regulations: All applicable state telecommunications regulations and consumer protection laws

You are solely responsible for your compliance with all telecommunications laws. We maintain zero tolerance for violations and will report suspected violations to appropriate authorities. Violations may result in immediate account termination without refund, and you agree to indemnify us against any claims, fines, or penalties arising from your non-compliance.

6. AI Disclosure & Limitations

By using our Services, you acknowledge and agree to the following regarding our AI technology:

• AI-generated responses, transcriptions, and summaries may contain errors, omissions, or inaccuracies. You should not rely solely on AI-generated content for critical decisions
• The AI may misunderstand or misinterpret caller intent, language, accents, or context
• You are responsible for reviewing AI-generated content and ensuring its accuracy before acting upon it
• You are responsible for informing callers that they may be interacting with an AI system, as required by applicable law
• Voice cloning features create synthetic reproductions of voices. You represent and warrant that you have all necessary rights and consents to clone any voice you submit
• We do not guarantee that AI will handle all calls or situations appropriately. Critical or emergency calls should not rely solely on AI handling

WE DISCLAIM ALL LIABILITY FOR ERRORS, OMISSIONS, OR INACCURACIES IN AI-GENERATED CONTENT, AND FOR ANY DAMAGES ARISING FROM RELIANCE ON SUCH CONTENT.

7. Account Security & Responsibility

You are responsible for:

• Maintaining the confidentiality and security of your account credentials
• Using strong, unique passwords and enabling two-factor authentication when available
• Promptly notifying us of any unauthorized access to or use of your account
• All activities that occur under your account, whether authorized by you or not
• Ensuring that all users with access to your account comply with these Terms

We are not liable for any loss or damage arising from your failure to secure your account credentials. You agree to immediately notify us at sales@houstonitd.com if you become aware of any security breach or unauthorized use of your account.

8. Intellectual Property

Our IP: All platform content, features, functionality, software, designs, logos, trademarks, trade names, and branding (collectively, “Company IP”) are owned by or licensed to Houston IT Developers LLC and protected by U.S. and international intellectual property laws. You receive only a limited, non-exclusive, non-transferable, revocable license to use the Services during your active subscription. This license does not grant you any right to copy, modify, distribute, sell, or create derivative works based on our Company IP.

Your Content: You retain ownership of content you create, upload, or transmit through the Services (“User Content”). By using our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, process, store, reproduce, display, and distribute your User Content as necessary to: (a) provide and operate the Services; (b) improve our products, features, and AI models; (c) generate aggregated, de-identified analytics; and (d) comply with applicable law.

Feedback: Any suggestions, ideas, or feedback you provide regarding our Services become our property and may be used without compensation or attribution.

9. Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT:

• THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• AI-GENERATED CONTENT, TRANSCRIPTIONS, OR RESPONSES WILL BE ACCURATE OR COMPLETE
• ANY DEFECTS IN THE SERVICES WILL BE CORRECTED
• THE SERVICES WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR NETWORK
• THE SERVICES WILL PRODUCE ANY SPECIFIC RESULT, OUTCOME, OR REVENUE

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY
• THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) FIFTY DOLLARS ($50.00)
• THE COMPANY IS NOT LIABLE FOR ANY LOSS, DAMAGE, OR HARM ARISING FROM: (I) YOUR RELIANCE ON AI-GENERATED CONTENT; (II) MISSED, DROPPED, OR MISHANDLED CALLS; (III) INACCURATE TRANSCRIPTIONS OR SUMMARIES; (IV) SERVICE INTERRUPTIONS OR OUTAGES; (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT; OR (VI) YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS

THESE LIMITATIONS APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Houston IT Developers LLC and its officers, directors, employees, agents, affiliates, successors, assigns, contractors, and licensors (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, court costs, and expert witness fees) arising out of or relating to:

• Your use or misuse of the Services
• Your User Content or communications
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party rights, including intellectual property, privacy, or telecommunications rights
• Your failure to comply with call recording, consent, or other telecommunications laws
• Any claim by a third party arising from calls, messages, or other communications handled through your account
• Your negligence or willful misconduct

This indemnification obligation shall survive the termination of your account and these Terms.

12. Termination

By You: You may cancel your subscription at any time through your account settings or by contacting us at sales@houstonitd.com. Cancellation takes effect at the end of your current billing period. No refunds or credits are provided for partial periods or unused services.

By Us: We reserve the right to suspend or terminate your account at any time, for any reason or no reason, with or without prior notice, at our sole discretion. Reasons for termination may include, but are not limited to, violations of these Terms, suspected fraud or abuse, non-payment, or legal requirements.

Effect of Termination:

• Your access to all Services will be immediately revoked
• Your data, including call recordings, contacts, and configurations, will be deleted according to our data retention policies
• Phone numbers assigned to your account will be released and may be reassigned
• No refunds, credits, or compensation will be provided
• Provisions that by their nature should survive termination (including warranty disclaimers, limitation of liability, indemnification, and dispute resolution) will survive

13. Dispute Resolution & Arbitration

Governing Law: These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

Mandatory Binding Arbitration: ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Montgomery County, Texas, or at another location mutually agreed upon by the parties.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

JURY TRIAL WAIVER: YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court.

Injunctive Relief: Nothing in this section prevents the Company from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of the Company's intellectual property rights, data security, or confidential information.

14. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements, understandings, and communications.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by the Company.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign these Terms without restriction.

Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, labor disputes, government actions, pandemics, power failures, internet outages, or third-party service provider failures.

Modifications: We reserve the right to modify these Terms at any time. Material changes will be communicated through our website or by email. Your continued use of the Services after any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Services.

Notices: All notices from the Company will be sent to the email address associated with your account. You are responsible for keeping your contact information current.

15. Contact Information

Houston IT Developers LLC (DBA AI Phone 360)

15216 Saddlewood Dr. STE 1
Conroe, TX 77384

For all support, sales, and legal inquiries: sales@houstonitd.com

Questions? sales@houstonitd.com