Mobile Application & Web Platform
Updated Date: December 22, 2025
THIS AGREEMENT CONTAINS:
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE AI PHONE 360 APPLICATION, WEBSITE, OR ANY RELATED SERVICES, YOU:
IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APPLICATION, WEBSITE, OR SERVICES. IMMEDIATELY CEASE ALL USE AND DELETE THE APPLICATION FROM YOUR DEVICE.
These Terms and Conditions ("Terms," "Agreement") constitute a legally binding contract between:
You ("User," "you," "your," "Subscriber," "Customer") — the individual or entity downloading, installing, accessing, or using the Platform; and
Houston IT Developers LLC, a Texas limited liability company, doing business as "AI Phone 360" ("Company," "we," "us," "our," "AI Phone 360"), with its principal place of business at:
15216 Saddlewood Dr. STE 1
Conroe, TX 77384
United States of America
Tax ID: Available upon request for business customers
DUNS Number: Available upon request
For purposes of these Terms:
"Platform" means collectively: (a) the AI Phone 360 mobile application for iOS and any other operating systems ("App" or "Mobile App"); (b) the AI Phone 360 website located at https://aiphone360.com and all related subdomains ("Website" or "Web App"); (c) any APIs, integrations, or developer tools; and (d) all related services, features, content, and functionality provided by Company.
"Services" means all services provided through the Platform, including but not limited to call handling, voicemail, messaging, recording, transcription, voice cloning, and all other features.
These Terms, together with our Privacy Policy (https://aiphone360.com/privacy), our complete Terms of Service (https://aiphone360.com/terms), our Acceptable Use Policy (https://aiphone360.com/aup), and any other policies, guidelines, or agreements referenced herein or presented to you through the Platform, collectively constitute the entire agreement between you and Company regarding your use of the Platform (collectively, the "Agreement").
You acknowledge and agree that by clicking "I Agree," "Accept," "Continue," "Sign Up," or similar buttons, by creating an account, by making a purchase, or by downloading, installing, accessing, or using the Platform, you are entering into a legally binding electronic contract with Company. This electronic agreement has the same legal force and effect as a written, signed agreement.
If you are entering into this Agreement on behalf of a company, organization, or other legal entity ("Entity"), you represent and warrant that:
(a) You have full legal authority to bind that Entity to this Agreement;
(b) You have read and understood this Agreement;
(c) You agree to this Agreement on behalf of that Entity; and
(d) If you do not have such authority, or if you or the Entity do not agree to this Agreement, you must not accept this Agreement and must not use the Platform.
You represent and warrant that:
(a) You are at least eighteen (18) years of age;
(b) You are the age of legal majority in your jurisdiction;
(c) You have the legal capacity to enter into binding contracts;
(d) You are not barred from using the Platform under applicable law;
(e) You are not located in a country subject to U.S. government embargo;
(f) You are not listed on any U.S. government prohibited or restricted party list; and
(g) Your use of the Platform will not violate any applicable law or regulation.
AI Phone 360 is an AI-powered business phone automation and communication platform provided as a software-as-a-service ("SaaS") offering. The Platform is accessible through:
(a) Mobile Application: Native iOS application available through the Apple App Store, and applications for other mobile operating systems as may be offered;
(b) Web Application: Browser-based application accessible at https://aiphone360.com and related subdomains;
(c) API Access: Application programming interfaces for integration with third-party systems (where available under your subscription plan);
(d) Integrations: Connections with third-party services, CRMs, and business tools.
The Platform may include, but is not limited to, the following features and functionality:
The Platform and Services are provided on an "as available" basis. Company does not guarantee any specific level of availability, uptime, or performance. The Platform may be unavailable due to:
Company reserves the absolute and unconditional right to, at any time and without prior notice or liability:
(a) Modify, update, upgrade, or enhance the Platform or any features;
(b) Add new features, functionality, or services;
(c) Remove, suspend, or discontinue any features, functionality, or services;
(d) Change the user interface, design, or user experience;
(e) Impose new limits or restrictions on use;
(f) Change technical requirements or specifications;
(g) Modify pricing, plans, or subscription options;
(h) Discontinue the Platform entirely.
No modification, suspension, or discontinuation shall entitle you to any refund, credit, pro-rata adjustment, or other compensation. Your continued use of the Platform following any modification constitutes your acceptance of such modification.
Certain features may be available only on specific platforms:
(a) Mobile App Only: Push notifications, device-based caller ID, mobile-specific integrations;
(b) Web App Only: Advanced dashboard views, bulk operations, certain administrative functions;
(c) Both Platforms: Core calling, messaging, recording, and transcription features.
Company may change platform-specific feature availability at any time without notice.
Company may offer certain features designated as "beta," "preview," "early access," "experimental," or similar designations. Such features are provided for testing and evaluation purposes only and:
The Platform operates on a subscription-based model. Certain features require an active paid subscription. Free trials, if offered, are subject to separate terms and may be limited in duration, features, or usage.
Current subscription plans include:
Starter Plan
Price: $29.99 USD per month
Features: Basic call handling, limited minutes, standard support
Professional Plan
Price: $59.99 USD per month
Features: Advanced features, increased minutes, priority support
Enterprise Plan
Price: Custom pricing (contact sales@houstonitd.com)
Features: Unlimited usage, dedicated support, custom integrations, SLA
All prices are in United States Dollars (USD) and are exclusive of applicable taxes, which will be added where required by law. Pricing, features, and plan structures are subject to change at Company's sole discretion.
By purchasing a subscription, you expressly acknowledge and agree that:
(a) Your subscription will automatically renew at the end of each billing period (monthly or annually, as applicable) for successive periods of the same duration;
(b) Your payment method will be charged automatically prior to or at the end of each billing period at the then-current subscription rate;
(c) Automatic renewal will continue indefinitely until you cancel your subscription;
(d) You are solely responsible for managing your subscription and ensuring timely cancellation if you do not wish to renew;
(e) Company has no obligation to remind you of upcoming renewals;
(f) Renewal charges are non-refundable once processed.
Your subscription term begins on the date your subscription is activated and continues for the duration of your selected billing period (monthly or annually). Each renewal constitutes a new subscription term.
Company may change subscription prices at any time. For existing subscribers:
(a) Price increases will be communicated via email to your registered address, through the Platform, or through the applicable app store's notification system;
(b) Price increases take effect at the start of your next billing period following notice;
(c) Your continued subscription after notice of a price increase constitutes acceptance of the new price;
(d) If you do not agree to a price increase, you must cancel your subscription before the renewal date;
(e) Price decreases may take effect immediately or at Company's discretion.
You may cancel your subscription at any time using the following methods:
For iOS App Store Subscriptions:
Method 1: Through iOS Settings (Recommended)
Method 2: Through the App Store
For Website/Direct Subscriptions:
Method 1: Through Account Settings
Method 2: Through the Mobile App
For All Subscriptions:
Contact Support
Email: sales@houstonitd.com
Subject: Subscription Cancellation Request
Include: Your registered email address, account ID, and phone number associated with the account
Upon cancellation:
(a) Your subscription remains active until the end of your current paid billing period;
(b) You will retain access to paid features until the end of the current billing period;
(c) No refunds or credits will be issued for unused portions of the billing period;
(d) Automatic renewal will be disabled, and no further charges will be made;
(e) After the billing period ends, your account will be downgraded or deactivated;
(f) Certain data may be deleted in accordance with our data retention policies;
(g) Phone numbers associated with your account may be released.
CANCELLATION IS YOUR SOLE RESPONSIBILITY. COMPANY IS NOT LIABLE FOR:
If Company offers a free trial:
(a) You may be required to provide payment information to start the trial;
(b) The trial period will be specified at the time of sign-up;
(c) If you do not cancel before the trial ends, your subscription will automatically begin and you will be charged;
(d) Free trials are limited to one per person, household, payment method, or device;
(e) Company reserves the right to determine eligibility for free trials;
(f) Abuse of free trials may result in account termination and charges for services used.
Payments for subscriptions and services are processed through:
(a) Apple App Store: For subscriptions initiated through the iOS mobile application, payments are processed through Apple Inc.'s App Store billing system. Company does not have access to your payment card information for App Store purchases.
(b) Direct Payment Processors: For subscriptions initiated through the Website or Web App, payments are processed through third-party payment processors, which may include Stripe, PayPal, or other processors. By making a purchase, you agree to the applicable payment processor's terms and conditions.
(c) Invoice/Enterprise Billing: For Enterprise customers, payment may be made via invoice with net-30 terms or as otherwise agreed in writing.
By initiating a subscription or purchase, you authorize:
(a) Company and its payment processors to charge your selected payment method for all fees associated with your subscription;
(b) Automatic recurring charges for subscription renewals;
(c) Charges for any additional services, usage overages, or in-app purchases you authorize;
(d) Currency conversion if your payment method uses a different currency;
(e) Retention of your payment information for future transactions.
For Website/direct subscriptions, you agree to provide accurate, current, and complete payment information and to promptly update such information if it changes. Company is not responsible for charges that fail due to outdated or inaccurate payment information.
You are responsible for all applicable taxes, including but not limited to sales tax, use tax, value-added tax (VAT), goods and services tax (GST), and any other taxes or governmental charges imposed on your subscription or use of the Platform. Taxes will be calculated and added to your charges where required by law.
If a payment fails for any reason:
(a) Company or the payment processor may attempt to charge your payment method again;
(b) Your access to the Platform may be suspended or restricted;
(c) Your account may be placed in a delinquent status;
(d) Phone numbers associated with your account may be released;
(e) Data associated with your account may be deleted;
(f) You remain liable for all outstanding amounts.
If your account becomes delinquent, Company may, at its sole discretion:
(a) Suspend your account immediately without notice;
(b) Terminate your account and delete all associated data;
(c) Release and reassign phone numbers associated with your account;
(d) Charge a late fee of one and one-half percent (1.5%) per month on outstanding balances, or the maximum rate permitted by applicable law, whichever is lower;
(e) Refer your account to a third-party collection agency;
(f) Report delinquent accounts to credit bureaus;
(g) Pursue legal action to recover amounts owed;
(h) Recover reasonable attorneys' fees and collection costs.
All outstanding balances remain due and payable regardless of account status or termination.
If you have previously purchased a subscription through the iOS App Store and need to restore your purchases:
(a) The Mobile App includes a "Restore Purchases" feature accessible through the subscription screen or settings menu;
(b) Tap the "Restore Purchases" button to restore any active subscriptions associated with your Apple ID;
(c) This feature is useful if you have reinstalled the App, switched devices, or if your subscription status is not displaying correctly;
(d) Restoring purchases does not extend your subscription period or result in additional charges;
(e) Only subscriptions associated with your currently signed-in Apple ID can be restored;
(f) This feature applies only to App Store purchases; Website subscriptions are managed through your account settings;
(g) If you have issues restoring purchases, contact Apple Support or email us at sales@houstonitd.com.
Company may offer promotional pricing, discounts, or coupon codes from time to time. Such offers:
(a) Are subject to specific terms and conditions disclosed at the time of the offer;
(b) May be limited in duration, quantity, or eligibility;
(c) Cannot be combined with other offers unless explicitly stated;
(d) May be modified or discontinued at any time;
(e) Are non-transferable and have no cash value;
(f) May be limited to specific platforms (App or Website).
You expressly acknowledge and agree that:
(a) Services and digital content are immediately provisioned upon purchase;
(b) Resources including infrastructure, phone numbers, AI processing capacity, telecommunications capacity, and computational resources are allocated upon purchase;
(c) Due to the immediate delivery and consumption of services, no refunds will be issued;
(d) This no-refund policy applies regardless of:
(e) Company's refund policy is final and non-negotiable.
For purchases made through the iOS App Store:
(a) Apple Inc. maintains its own separate refund policies for App Store purchases;
(b) You may request a refund from Apple by visiting https://reportaproblem.apple.com;
(c) Refund requests submitted to Apple are evaluated and processed at Apple's sole discretion;
(d) Company has no control over Apple's refund decisions;
(e) Company does not participate in Apple's refund process;
(f) Any refund granted by Apple is Apple's decision alone and does not:
(g) If Apple grants a refund, your access to the Platform and Services may be terminated.
For purchases made through the Website via Stripe, PayPal, or other payment processors:
(a) Company's no-refund policy applies;
(b) Refund requests should be directed to Company at sales@houstonitd.com;
(c) Refunds, if granted at Company's sole discretion, will be processed through the original payment method;
(d) Processing times vary by payment method and financial institution.
If you initiate a chargeback, payment dispute, or request a refund through your bank, credit card company, or payment provider:
(a) Company reserves the right to immediately suspend or terminate your account;
(b) You may be permanently banned from using the Platform;
(c) Any phone numbers or data associated with your account may be immediately deleted;
(d) Company may dispute the chargeback and provide evidence of service delivery;
(e) You may be liable for chargeback fees and administrative costs;
(f) Company may pursue collection of disputed amounts;
(g) You waive any right to contest Company's response to the chargeback.
Company provides a technology platform only. Company does not provide legal advice and makes no representations regarding the legality of any particular use of the Platform in any jurisdiction. You should consult with qualified legal counsel regarding your compliance obligations.
The Platform includes call recording capabilities. Before using call recording features, you must:
(a) Determine Applicable Laws: Identify all federal, state, and local laws that apply to your recording activities, including the laws of your jurisdiction and the jurisdiction of all call participants;
(b) Understand Consent Requirements:
(c) Obtain Required Consents: Obtain all legally required consents BEFORE recording any call, including:
(d) Maintain Records: Keep records of consents obtained, including:
(e) Comply with Disclosure Requirements: Provide all required disclosures to call participants, including:
You agree to comply with the Telephone Consumer Protection Act, 47 U.S.C. § 227, and all FCC regulations thereunder. You specifically agree that you will NOT use the Platform to:
(a) Make calls or send text messages to any telephone number using an automatic telephone dialing system (ATDS) or artificial/prerecorded voice without prior express consent;
(b) Make telemarketing calls or send marketing text messages without prior express written consent;
(c) Make calls or send messages to numbers on the National Do Not Call Registry without an established business relationship or express consent;
(d) Make calls or send messages to emergency lines, healthcare facilities, or other protected numbers;
(e) Fail to provide required caller identification information;
(f) Engage in caller ID spoofing for fraudulent or harmful purposes;
(g) Make abandoned calls or exceed abandoned call rate limits;
(h) Violate calling time restrictions (before 8 AM or after 9 PM local time).
TCPA PENALTIES ARE SEVERE:
If you use the Platform to send commercial electronic messages, you must comply with the CAN-SPAM Act, 15 U.S.C. § 7701, including:
(a) No false or misleading header information;
(b) No deceptive subject lines;
(c) Identification of message as advertisement where required;
(d) Valid physical postal address included;
(e) Clear opt-out mechanism provided;
(f) Opt-out requests honored within 10 business days;
(g) No sale or transfer of email addresses of persons who opted out.
You must comply with all applicable state laws regarding telecommunications, telemarketing, and electronic communications, including but not limited to:
(a) State "mini-TCPA" laws with stricter requirements than federal law;
(b) State Do Not Call lists and registration requirements;
(c) State telemarketing licensing and bonding requirements;
(d) State-specific consent requirements for recording;
(e) State consumer protection laws;
(f) State attorney general regulations.
You must comply with all applicable FCC rules and regulations, including:
(a) Truth in Caller ID Act provisions;
(b) Caller ID transmission requirements;
(c) STIR/SHAKEN call authentication requirements;
(d) Robocall mitigation requirements;
(e) Access stimulation rules;
(f) All other applicable FCC telecommunications regulations.
If you use the Platform to communicate with persons outside the United States, you are responsible for compliance with:
(a) All applicable laws in destination countries;
(b) GDPR and other data protection laws for EU communications;
(c) CASL for Canadian communications;
(d) Country-specific consent and disclosure requirements;
(e) International calling and messaging regulations.
COMPANY MAINTAINS A STRICT ZERO TOLERANCE POLICY FOR:
UPON DISCOVERY OF ANY VIOLATION, COMPANY WILL:
(a) Immediately terminate your account without prior notice;
(b) Permanently ban you from the Platform and all Company services;
(c) Delete all data associated with your account without recovery option;
(d) Forfeit any prepaid amounts or credits without refund;
(e) Preserve all relevant evidence and records;
(f) Report violations to appropriate authorities, including:
(g) Cooperate fully with any investigation by regulatory or law enforcement authorities;
(h) Pursue civil action against you for damages caused to Company.
By using the Platform, you certify that:
(a) You understand your legal obligations regarding telecommunications compliance;
(b) You have implemented appropriate compliance procedures;
(c) You will obtain all required consents before initiating communications;
(d) You will maintain records as required by law;
(e) You will not use the Platform for any unlawful purpose;
(f) You accept full responsibility for your telecommunications compliance.
You agree to use the Platform only for lawful purposes and in strict compliance with these Terms, all applicable laws, and accepted standards of conduct. You are responsible for all activities conducted through your account, whether through the Mobile App, Website, or API.
THE FOLLOWING ACTIVITIES ARE STRICTLY PROHIBITED. YOU MAY NOT:
Illegal and Criminal Activity:
Identity and Impersonation:
Harmful Communications:
Regulatory Violations:
Technical Abuse:
Business and Commercial Abuse:
Intellectual Property Violations:
Content Violations:
VIOLATIONS OF THESE TERMS MAY RESULT IN, AT COMPANY'S SOLE DISCRETION:
(a) Warning or notice to cease the prohibited activity;
(b) Temporary suspension of your account;
(c) Permanent termination of your account;
(d) Permanent ban from all Company products and services;
(e) Deletion of all account data without recovery option;
(f) Forfeiture of all prepaid fees without refund;
(g) Release and deletion of phone numbers;
(h) Revocation of API access;
(i) Reporting to law enforcement and regulatory authorities;
(j) Civil legal action for damages, including actual damages, consequential damages, and attorneys' fees;
(k) Seeking injunctive relief;
(l) Cooperation with third parties in pursuing claims against you;
(m) Any other remedy available at law or equity.
These remedies are cumulative and not exclusive. Company may pursue multiple remedies simultaneously.
Company reserves the right to:
(a) Investigate suspected violations of these Terms;
(b) Monitor account activity for compliance;
(c) Review content and communications for violations;
(d) Cooperate with law enforcement investigations;
(e) Disclose information as required by law or to protect Company's rights;
(f) Take any action Company deems necessary to enforce these Terms.
To use certain features of the Platform, you must create an account. You may create an account through the Mobile App, Website, or as otherwise provided. When creating an account, you agree to:
(a) Provide accurate, current, and complete information;
(b) Maintain and promptly update your account information;
(c) Keep your login credentials secure and confidential;
(d) Accept responsibility for all activities under your account;
(e) Notify Company immediately of any unauthorized access or security breach.
You are solely responsible for maintaining the security of your account across all platforms (Mobile App and Website). You agree to:
(a) Use a strong, unique password for your account;
(b) Not share your password with any other person;
(c) Not allow others to access your account;
(d) Enable two-factor authentication if available;
(e) Log out of your account on shared devices;
(f) Protect your devices from unauthorized access;
(g) Secure any API keys or access tokens.
You are fully responsible and liable for all activities that occur under your account, whether through the Mobile App, Website, API, or any other means, and whether or not authorized by you. Company is not liable for any loss or damage arising from unauthorized access to your account.
Company may suspend or terminate your account as described in Section 14.
The Platform and all associated intellectual property rights are and shall remain the sole and exclusive property of Houston IT Developers LLC and its licensors. This includes, without limitation:
(a) All software, source code, object code, and algorithms;
(b) All AI models, machine learning systems, and training data;
(c) All user interfaces, designs, layouts, and graphics;
(d) All text, images, audio, video, and other content;
(e) All databases, data structures, and compilations;
(f) All documentation, specifications, and technical materials;
(g) All trade secrets, know-how, and confidential information;
(h) All trademarks, service marks, trade names, and logos;
(i) All patents, patent applications, and inventions;
(j) All copyrights and copyrightable works;
(k) All APIs, SDKs, and developer tools;
(l) The Website and all website content;
(m) All other intellectual property rights of any kind.
The Platform is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and international jurisdictions. All rights not expressly granted to you are reserved by Company.
Subject to your strict compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) Download and install the Mobile App on your compatible device(s);
(b) Access the Website and Web App through a standard web browser;
(c) Access and use the Platform solely for your personal or authorized internal business purposes;
(d) Use the features and functionality made available through your subscription plan;
(e) Use the API in accordance with any applicable API terms (if included in your subscription).
This license is personal to you and may not be shared with or transferred to any other person or entity.
You may NOT:
(a) Copy, reproduce, or duplicate the Platform or any part thereof;
(b) Modify, adapt, translate, or create derivative works;
(c) Reverse engineer, decompile, disassemble, or attempt to derive source code;
(d) Distribute, publish, sublicense, lease, rent, or loan the Platform;
(e) Sell, resell, or commercially exploit the Platform;
(f) Remove, alter, or obscure any proprietary notices, labels, or marks;
(g) Use the Platform to develop a competing product or service;
(h) Access the Platform to benchmark or compare with competitive products;
(i) Use any automated means to access, scrape, or collect data from the Platform (except through authorized API use);
(j) Circumvent any technological measures that control access to the Platform;
(k) Frame, mirror, or create a browser or border environment around the Website;
(l) Use the Platform in any manner not expressly authorized by these Terms.
If you provide Company with any feedback, suggestions, ideas, improvements, recommendations, bug reports, feature requests, or other submissions regarding the Platform ("Feedback"):
(a) All Feedback shall become the sole and exclusive property of Company;
(b) You hereby irrevocably assign to Company all right, title, and interest in and to all Feedback, including all intellectual property rights therein, throughout the world and in perpetuity;
(c) Company shall be entitled to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the Feedback for any purpose, without restriction, attribution, or compensation to you;
(d) You waive all moral rights in the Feedback to the extent permitted by law;
(e) You represent that you have the right to provide the Feedback and make the above assignment;
(f) Company has no obligation to use, consider, or respond to any Feedback.
The Platform may contain or integrate third-party content, software, or services that are subject to separate intellectual property rights and licenses. Your use of such third-party materials is subject to the applicable third-party terms.
If you believe that content available through the Platform infringes your copyright, please contact our designated agent at legal@houstonitd.com with the information required by the Digital Millennium Copyright Act.
"User Content" means any data, content, information, communications, recordings, transcriptions, or materials that you upload, submit, store, transmit, or create through the Platform, whether through the Mobile App, Website, or API.
You retain ownership of your User Content, subject to the license granted to Company below.
By submitting, uploading, or creating User Content through the Platform, you grant Company a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable license to:
(a) Use, copy, store, reproduce, and display your User Content as necessary to provide the Services;
(b) Process, analyze, and derive insights from your User Content for service improvement;
(c) Use aggregated, anonymized, or de-identified data derived from User Content for any purpose, including product development, analytics, and research;
(d) Create AI training data from anonymized User Content;
(e) Retain User Content as required for legal compliance.
This license survives termination of your account to the extent necessary for the purposes described above.
You represent and warrant that:
(a) You own or have the necessary rights to your User Content;
(b) You have obtained all necessary consents from individuals whose data is included;
(c) Your User Content does not violate any law or third-party right;
(d) Your User Content does not contain malware or harmful code;
(e) Your User Content complies with these Terms and all applicable laws.
Company has no obligation to monitor, review, or screen User Content. However, Company reserves the right to review, monitor, remove, or disable access to any User Content at any time, for any reason, without notice.
While Company implements reasonable security measures, you acknowledge that no system is completely secure. Company is not liable for unauthorized access to or disclosure of User Content, except as required by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
(a) IMPLIED WARRANTIES: All implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
(b) WARRANTIES OF QUALITY: Any warranty regarding quality, accuracy, timeliness, completeness, reliability, performance, or suitability;
(c) WARRANTIES OF OPERATION: Any warranty that the Platform will be uninterrupted, error-free, secure, timely, or free of viruses, bugs, or harmful components;
(d) WARRANTIES OF RESULTS: Any warranty regarding specific results, outcomes, or benefits from use of the Platform;
(e) WARRANTIES ARISING FROM COURSE OF DEALING: Any warranty arising from course of dealing, course of performance, usage of trade, or trade practice;
(f) WARRANTIES OF COMPATIBILITY: Any warranty of compatibility with any device, operating system, browser, software, or third-party service;
(g) WARRANTIES OF DATA: Any warranty regarding data accuracy, integrity, security, or preservation;
(h) WARRANTIES REGARDING WEBSITE: Any warranty that the Website will be accessible, secure, or free from errors;
(i) ANY OTHER WARRANTIES: Any other warranties of any kind, whether express or implied.
COMPANY DOES NOT WARRANT OR GUARANTEE:
(a) Continuous, uninterrupted, or error-free service availability;
(b) Any specific level of uptime, performance, or reliability;
(c) That defects, errors, or bugs will be corrected;
(d) That the Platform will meet your requirements or expectations;
(e) That the Platform will be compatible with your devices, browsers, or software;
(f) That data will not be lost, corrupted, or destroyed;
(g) That the Platform will be secure from all threats;
(h) Any specific business results, revenue, or outcomes;
(i) The accuracy of any call transcriptions or AI outputs;
(j) The quality of telecommunications connections;
(k) That the Website will load quickly or at all;
(l) That all features will be available on all platforms.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AI-POWERED FEATURES:
(a) May contain errors, inaccuracies, biases, or inappropriate outputs;
(b) May produce inconsistent results for identical inputs;
(c) May fail to understand context, nuance, or intent;
(d) May generate content that is offensive, inaccurate, or inappropriate;
(e) Should NOT be relied upon for:
(f) Require human review, oversight, and verification;
(g) Are provided without warranty of accuracy or fitness for any purpose;
(h) May be affected by the quality of input data;
(i) Are continuously evolving and may change over time.
The Platform may integrate with or rely upon third-party services, APIs, carriers, and platforms. Company does not warrant or guarantee:
(a) The availability, performance, or reliability of third-party services;
(b) The accuracy or completeness of third-party data;
(c) The security practices of third parties;
(d) Compatibility with third-party services;
(e) Continued availability of any integration.
Company does not warrant or guarantee:
(a) Call quality, clarity, or connection reliability;
(b) SMS/MMS delivery or receipt;
(c) Carrier network availability;
(d) Accuracy of transcriptions;
(e) Compliance of your use with telecommunications laws;
(f) That your phone numbers will not be flagged as spam by carriers.
Company does not warrant that:
(a) The Website will be compatible with all browsers or devices;
(b) The Website will be free from downtime or errors;
(c) Website content will always be current or accurate;
(d) The Website will be secure from all cyberattacks.
You acknowledge that:
(a) Company has offered the Platform at its current pricing in reliance upon these disclaimers;
(b) These disclaimers are an essential part of the bargain between you and Company;
(c) Company would not provide the Platform without these disclaimers;
(d) You have read, understood, and accepted these disclaimers.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, "COMPANY PARTIES") BE LIABLE FOR ANY OF THE FOLLOWING, REGARDLESS OF THE CAUSE OF ACTION OR THE BASIS OF THE CLAIM:
(a) INDIRECT DAMAGES: Any indirect damages of any kind;
(b) INCIDENTAL DAMAGES: Any incidental damages arising from the use or inability to use the Platform;
(c) SPECIAL DAMAGES: Any special damages, including those arising from unique circumstances;
(d) CONSEQUENTIAL DAMAGES: Any consequential damages, including:
(e) PUNITIVE DAMAGES: Any punitive, exemplary, or multiplied damages;
(f) DATA LOSS: Loss of data, corruption of data, or cost of data recovery;
(g) THIRD-PARTY CLAIMS: Claims by your customers, employees, vendors, or other third parties;
(h) PERSONAL INJURY: Personal injury or property damage, except as required by law;
(i) ANY OTHER DAMAGES: Any other damages whatsoever arising from:
THIS LIMITATION OF LIABILITY APPLIES:
(a) Regardless of the legal theory (contract, tort, negligence, strict liability, warranty, or otherwise);
(b) Whether or not Company was advised of the possibility of such damages;
(c) Whether or not such damages were foreseeable;
(d) Even if any limited remedy fails of its essential purpose;
(e) Even if Company was negligent;
(f) To the fullest extent permitted by applicable law;
(g) To use through any platform (Mobile App, Website, API, or otherwise).
NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY PARTIES' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE PLATFORM, YOUR ACCOUNT, OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:
(A) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU DIRECTLY TO COMPANY (EXCLUDING APP STORE FEES) IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) FIFTY UNITED STATES DOLLARS ($50.00 USD).
You agree to indemnify, defend, and hold harmless Company Parties from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and costs) arising out of or related to:
(a) Your use or misuse of the Platform;
(b) Your User Content;
(c) Your violation of these Terms;
(d) Your violation of any applicable law or regulation;
(e) Your violation of any third-party rights;
(f) Your telecommunications activities;
(g) Any claims by your customers, employees, or third parties;
(h) Any regulatory investigations or enforcement actions related to your use.
You may terminate your account at any time by canceling your subscription and deleting your account through the Platform settings or by contacting support.
Company may suspend or terminate your account and access to the Platform at any time, for any reason or no reason, with or without notice, at Company's sole discretion.
Upon termination:
(a) Your license to use the Platform immediately terminates;
(b) You must cease all use of the Platform;
(c) You must delete the Mobile App from your devices;
(d) Your phone numbers will be released;
(e) Your data may be deleted;
(f) No refunds will be issued;
(g) Outstanding balances remain due.
The following sections survive termination: Sections 5, 9, 10, 11, 12, 13, 15, 19, 20, and any other provisions that by their nature should survive.
Your use of the Platform is subject to our Privacy Policy, available at https://aiphone360.com/privacy. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
The Platform may integrate with or link to third-party services. Company is not responsible for third-party services, and your use of such services is at your own risk and subject to their terms.
Company may update, modify, or discontinue the Platform at any time without notice.
Company may modify these Terms at any time. Continued use after changes constitutes acceptance of modified Terms.
These Terms constitute the entire agreement between you and Company regarding the Platform.
If any provision is held invalid, the remaining provisions continue in effect.
No waiver of any provision shall constitute a waiver of any other provision.
You may not assign these Terms. Company may assign these Terms without restriction.
Company is not liable for failures due to circumstances beyond its reasonable control.
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration, you consent to exclusive jurisdiction in the state and federal courts located in Montgomery County, Texas.
Before initiating arbitration, you must attempt to resolve disputes informally by contacting legal@houstonitd.com.
Any dispute not resolved informally shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.
YOU AND COMPANY AGREE THAT:
(a) Any arbitration or proceeding shall be conducted only on an individual basis;
(b) You waive any right to participate in class actions, collective actions, or representative actions;
(c) You waive any right to a jury trial;
(d) The arbitrator may not consolidate claims or preside over any class proceeding.
Arbitration shall take place in Montgomery County, Texas, or remotely at Company's discretion.
Each party shall bear its own arbitration costs, except as otherwise required by AAA rules.
Either party may bring qualifying claims in small claims court.
Notwithstanding the above, Company may seek injunctive relief in any court of competent jurisdiction.
Houston IT Developers LLC
DBA AI Phone 360
15216 Saddlewood Dr. STE 1
Conroe, TX 77384
United States of America
Website: https://aiphone360.com
General Support: sales@houstonitd.com
Legal Inquiries: legal@houstonitd.com
Privacy Inquiries: privacy@houstonitd.com
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Last Updated: December 22, 2025