Terms of Service
Last updated: April 1, 2026
1. Agreement to Terms
By accessing or using our AI call answering service ("Service"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this service.
2. Service Description
Our Service provides AI-powered call answering, job qualification, SMS messaging, and appointment scheduling for HVAC and plumbing companies. The Service includes:
- 24/7 automated call answering and routing
- Two-way SMS and MMS messaging capabilities
- Customer qualification and lead management
- Emergency detection and prioritization
- Appointment scheduling and calendar integration
- Call recording, transcription, and analytics
3. Account Registration & Responsibilities
To use our Service, you must create an account and provide accurate, complete information. You are responsible for:
- maintaining the confidentiality of your account credentials.
- all activities that occur under your account.
- notifying us immediately of any unauthorized access.
- ensuring your contact and billing information is current.
- obtaining necessary consents from your customers to contact them via voice or SMS.
4. Messaging Terms (SMS/MMS)
As part of our Service, you may send and receive text messages (SMS/MMS). By using this feature, you agree to the following:
- Consent: You represent that you have obtained all necessary consents and permissions from message recipients as required by applicable laws (including TCPA) before sending any messages.
- Opt-Out: You must honor all opt-out requests (e.g., "STOP", "UNSUBSCRIBE") immediately. Our system handles standard keywords, but you are responsible for manual requests.
- Prohibited Content: You may not send messages containing hate speech, violence, illegal content, or any prohibited content categories as defined by carriers (SHAFT - Sex, Hate, Alcohol, Firearms, Tobacco).
- Carrier Fees: Standard messaging and data rates may apply to you and your recipients. We are not responsible for carrier fees.
5. Subscription, Payment & Contract Terms
5.1 General Billing
Our Service operates on a subscription basis. By subscribing, you agree to:
- pay all fees associated with your selected plan in advance each billing period.
- automatic renewal of your subscription unless cancelled in accordance with these Terms.
- usage-based charges for calls, SMS, and any overages beyond your plan's included allowances (including AI voice usage billed at $0.80/minute for applicable plans).
- price changes with at least 30 days advance written notice.
- no refunds for partial months or unused service time, except where required by applicable law.
5.2 Month-to-Month Subscriptions
If you subscribe on a month-to-month basis, your subscription will renew automatically each calendar month. You may cancel at any time before the next renewal date. Upon cancellation:
- Your access to the Service continues through the end of the current paid billing period.
- No additional charges will be incurred after the cancellation date, provided no overages or add-on charges remain outstanding.
- No partial-month refunds are issued for the current billing period.
5.3 12-Month Contract Subscriptions
If you select a 12-month contract subscription, you are committing to a full 12-month term at the agreed monthly rate. By entering into a 12-month contract, you acknowledge and agree to the following:
- Minimum Commitment: You agree to pay for the full 12-month term. Your subscription will be billed monthly at the stated rate for the duration of the contract.
- Early Termination: If you cancel, downgrade, or otherwise terminate your 12-month contract subscription before the end of the agreed contract period, you will be invoiced for and required to pay the full remaining balance of your contract — equal to the monthly rate multiplied by the number of months remaining in the contract term. This amount is due immediately upon termination.
- Example: If you are on a 12-month Foundation contract at $400/month and cancel after month 4, you owe the remaining 8 months × $400 = $3,200, payable immediately.
- Auto-Renewal: At the end of the 12-month term, your subscription will automatically convert to a month-to-month subscription at the then-current monthly rate unless you notify us in writing at least 30 days before the contract end date that you do not wish to renew.
- Price Lock: Your monthly rate is locked for the full 12-month contract term. Price changes will not apply until the start of any renewal period.
- Exceptions: Early termination fees will be waived only in cases where Nbound materially breaches this Agreement and fails to cure such breach within 30 days of written notice from you.
5.4 Overage & Add-On Charges
- AI voice usage beyond your plan's included pooled minutes (Enterprise plan): $0.80 per minute.
- Additional seats beyond your plan's included allowance (Scale plan): $40/month per seat.
- Additional locations beyond your plan's included allowance (Enterprise plan): $200/month per location.
- Additional users beyond 50 (Enterprise plan): $50/month per user.
- Custom integrations: available as a paid add-on; pricing determined at time of engagement.
- All overage and add-on charges are billed at the end of each monthly billing cycle.
6. Acceptable Use Policy
You agree not to use the Service to:
- engage in any unlawful purpose or illegal activity.
- transmit spam, unsolicited marketing, or engage in phishing/fraud.
- harass, abuse, stalk, or harm others.
- interfere with or disrupt the integrity or performance of the Service.
- attempt to gain unauthorized access to our systems or related networks.
- reverse engineer, decompile, or attempt to extract source code.
- resell or redistribute the Service without written permission.
7. Service Availability and Support
While we strive for 99.9% uptime, we do not guarantee uninterrupted service. We are not liable for interruptions due to:
- scheduled maintenance and updates.
- force majeure events or factors beyond our reasonable control.
- third-party carrier or provider outages (e.g., Twilio, upstream carriers).
- internet connectivity or power issues at your location.
8. AI Service Disclaimer
Our AI technology is designed to assist, not replace, human judgment. You acknowledge that:
- AI may occasionally misinterpret inputs or provide inaccurate responses.
- Complex or sensitive situations may require human intervention.
- You remain responsible for verifying appointment details and customer needs.
- You are responsible for all decisions made based on AI-generated content.
9. Data Ownership and Usage
You retain ownership of all customer data you provide. You grant us a license to use this data to provide and improve the Service. We may use aggregated, anonymized data for:
- improving our AI models and service quality.
- generating industry insights and benchmarks.
- developing new features and capabilities.
10. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:
- lost profits, revenue, or business opportunities.
- loss of data or goodwill.
- service interruptions or failed communications.
Our total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid for the Service in the 12 months preceding the claim.
11. Termination
We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms (e.g., sending spam or prohibited content).
Upon termination, your right to use the Service will immediately cease. You will have 30 days to export your data before it is permanently deleted.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts located within our registered jurisdiction.
13. Contact Information
If you have any questions about these Terms, please contact us at:
Nbound Legal Team
Email: team@nbound.io
Website: www.nbound.io