Terms of Service

These Terms of Service ("Terms") govern your access to and use of Extra Hour AI and the related products, services, websites, and APIs (collectively, the "Service") operated by Extra Hour AI. By accessing or using the Service, you agree to these Terms.

1. Acceptance of these Terms

If you sign up for the Service, install or connect anything we provide, or use any part of the Service, you accept these Terms on behalf of yourself and the entity you represent. If you do not agree, do not use the Service.

If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms. In that case "you" and "your" refer to that business.

2. Definitions

• "Client" - a business or individual that subscribes to the Service.
• "End User" - any prospect, lead, customer, or other third party who communicates with the Client through a channel we operate for the Client.
• "Client Data" - information the Client provides to the Service, information that flows into the Service through the Client's connected channels, and content the Service generates on the Client's behalf.
• "Connected Service" - a third-party platform the Client authorizes Extra Hour AI to access on the Client's behalf (for example, GoHighLevel, Retell, Stripe, Thumbtack, Meta).

3. The Service

Extra Hour AI provides an AI front desk for service businesses: it answers messages and calls on the Client's behalf across connected channels, books appointments, sends follow-ups, and syncs records into the Client's CRM. The Service includes the infrastructure, software, integrations, prompt configurations, and operations needed to run that workflow for the Client.

The Service is provided as a managed service. We may improve, update, or modify the Service from time to time. Material changes affecting Clients will be communicated by email or in-product notice.

4. Eligibility and account

You must be at least 18 years old and legally able to enter into a contract. You agree to provide accurate and current information when signing up and to keep that information up to date. You are responsible for the activity that happens under your account and for keeping your credentials secure.

5. Connected services

The Service depends on third-party Connected Services that you authorize. You are responsible for your account on each Connected Service, for complying with that service's terms, and for the consequences of connecting it to Extra Hour AI.

You grant Extra Hour AI permission to access Connected Services on your behalf - including reading and writing messages, contacts, appointments, billing data, and webhooks - to deliver the Service. You may revoke that permission at any time by disconnecting the Connected Service or by closing your Extra Hour AI account, subject to the termination section below.

6. Acceptable use

You may not, and you may not allow anyone using your account to:

• Use the Service to send spam, unsolicited messages, or content that violates applicable laws (including the TCPA, CAN-SPAM, and similar laws in other jurisdictions).
• Send messages without the recipient's required consent, or after they have opted out.
• Impersonate any person or misrepresent your affiliation with any person or entity.
• Send content that is unlawful, harassing, defamatory, hateful, sexually explicit involving minors, or designed to harm or deceive recipients.
• Attempt to access accounts, data, or systems that do not belong to you, or to interfere with or disrupt the Service.
• Reverse engineer, decompile, or extract the prompts, configurations, or proprietary components of the Service, except where this restriction is prohibited by law.
• Use the Service to build a competing AI service, or to train a competing model on outputs generated by the Service.
• Use the Service for high-risk activities where failure could result in personal injury, environmental damage, or material financial harm without human oversight (for example, emergency dispatch, medical triage, or financial decisioning).

We may suspend or terminate accounts that we reasonably believe are engaged in any of the above.

7. Client data and ownership

As between you and Extra Hour AI, you own your Client Data. You grant Extra Hour AI a worldwide, non-exclusive license to host, copy, process, transmit, display, and create derivatives of your Client Data solely to provide and improve the Service for you, to operate routing and de-duplication, to bill you, and to comply with law.

You represent that you have all rights, consents, and permissions necessary to provide the Client Data to us and to allow our processing of it, including any consents required to record and process End User communications.

We will not sell your Client Data, and we will not use one Client's data to deliver the Service to another Client.

8. AI-generated content

The Service uses large language models to generate replies, summaries, and other content. AI output can be wrong, incomplete, or unsuitable for a particular purpose. You are responsible for reviewing and approving the operating context (business hours, services, prices, booking rules, scripts) the Service uses. You are responsible for the messages the Service sends on your behalf and for the obligations they create with End Users.

We do not warrant that any AI output is accurate, complete, or fit for any particular purpose. Use of AI output is at your discretion and risk.

9. Fees, billing, and refunds

Fees for the Service are set out in your order or in the pricing communicated to you when you subscribe. Fees are payable in advance unless we agree otherwise in writing. Usage-based components (for example, voice minutes, chat relay messages, telephony pass-throughs) are billed against a wallet you fund, and the Service may automatically recharge that wallet using the payment method on file.

Unless required by applicable law, all fees are non-refundable. Taxes, where applicable, are your responsibility. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend the Service for non-payment after reasonable notice.

10. Term and termination

These Terms apply for as long as you use the Service. Either party may terminate for convenience at the end of any billing cycle with reasonable advance notice. Either party may terminate immediately for material breach that is not cured within 14 days of written notice.

On termination: your access to the Service ends; you remain liable for any amounts accrued before termination; and we will provide a reasonable opportunity to export Client Data before deletion. Sections of these Terms that by their nature should survive termination (ownership, payment obligations accrued before termination, disclaimers, limitation of liability, indemnification, governing law, miscellaneous) will survive.

11. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXTRA HOUR AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• EXTRA HOUR AI'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID EXTRA HOUR AI FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply notwithstanding any failure of essential purpose of any limited remedy and to the maximum extent permitted under applicable law.

13. Indemnification

You will defend, indemnify, and hold harmless Extra Hour AI and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms or applicable law; (b) your Client Data, including the rights you represent to have in it; (c) messages you cause the Service to send to End Users; and (d) your products, services, or business operations.

14. Confidentiality

Each party may receive confidential information of the other. The receiving party will use confidential information only to perform under these Terms, will protect it with at least the same care it uses for its own confidential information (and no less than reasonable care), and will not disclose it to third parties except to employees, contractors, and sub-processors bound by confidentiality obligations and a need to know. Confidential information does not include information that is or becomes public through no fault of the receiving party, was already known without restriction, is independently developed, or is rightfully received from a third party without restriction.

15. Changes to the Service or Terms

We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will provide notice by email or through the Service. Changes take effect on the date stated in the notice. Your continued use of the Service after that date constitutes acceptance of the updated Terms.

16. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms will be resolved exclusively in the state or federal courts located in Delaware, and the parties consent to personal jurisdiction and venue there. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction for misuse of confidential information or intellectual property.

17. Miscellaneous

These Terms (together with any order forms, statements of work, or written agreements signed by both parties) are the entire agreement between you and Extra Hour AI regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce a right is not a waiver. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. The parties are independent contractors; nothing here creates a partnership, joint venture, or agency relationship.

18. SMS / text messaging

If you provide your mobile number and opt in through a form on our site, you agree to receive SMS text messages from Extra Hour AI. Depending on the consent you give, these may include service-related messages (such as confirmations, reminders, and updates about your inquiry or account) and/or occasional marketing and promotional messages.

• Opt-in. SMS consent is collected only when you voluntarily provide your number and check the corresponding consent box. Consent to receive marketing texts is never a condition of using the Service or submitting a form.
• Opt-out. Reply STOP to any message to unsubscribe at any time. After you opt out, we will send a single confirmation and then stop sending SMS messages.
• Help. Reply HELP for assistance, or email clayton@extrahourai.com.
• Frequency & cost. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
• Eligibility. By opting in you confirm you are at least 18 years old or have reached the age of majority in your jurisdiction.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent are not shared with any third parties. Information may be shared with service providers (such as our SMS gateway) only as needed to deliver the messages you requested. See our Privacy Policy for details.

19. Contact us

Questions about these Terms: