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Terms of Service

Last updated: March 26, 2026

These Terms of Service ("Terms") govern your access to and use of AfterHours AI ("Service"), operated by AfterHours Answer ("Company," "we," "us"). By signing up for or using our Service, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree, do not use the Service.

1. Service Description

AfterHours AI provides an AI-powered phone answering service for trade businesses (plumbers, HVAC technicians, electricians, roofers, and similar service businesses). The Service answers inbound calls on your behalf after business hours, captures caller information and service requests, and delivers lead summaries to you.

The Service is provided on a subscription basis and is intended for legitimate business use only.

2. Trial Terms

New accounts receive a 7-day free trial with the following limitations:

  • Maximum of 50 calls during the trial period
  • Full access to all dashboard features
  • A dedicated phone number provisioned for your business

No credit card is required to start a trial. At the end of the trial period, your service will be paused unless you upgrade to a paid subscription. You will receive email reminders before your trial expires.

3. Billing and Subscription

Pricing

The standard subscription is $149 per month, which includes unlimited calls, a dedicated phone number, full lead capture, and dashboard access.

Auto-Renewal

Subscriptions automatically renew each month on your billing date. You will be charged the current monthly rate unless you cancel before the renewal date.

Cancellation

You may cancel your subscription at any time from your account dashboard or by emailing hello@afterhoursanswer.com. Cancellation takes effect at the end of your current billing period. We do not offer prorated refunds for partial months.

Failed Payments

If a payment fails, we will attempt to retry the charge. After repeated failures, your account may be suspended. You are responsible for keeping your payment information current.

4. Acceptable Use

You agree not to use the Service to:

  • Conduct any illegal, fraudulent, or abusive activity
  • Impersonate any person or entity, or misrepresent your affiliation
  • Send spam or unsolicited communications
  • Violate any applicable law, including telemarketing and consumer protection laws
  • Interfere with or disrupt the Service or its infrastructure
  • Resell or sublicense the Service without written permission
  • Use the Service in connection with emergency dispatch, crisis hotlines, or medical triage

We reserve the right to suspend or terminate accounts that violate these terms without notice or refund.

5. Limitation of Liability

⚠️ AI Limitations: Our AI assistant may make errors, misunderstand callers, or fail to capture information accurately. The Service is not a substitute for professional emergency dispatch. Do not rely on it for life-safety situations.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
  • WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 3 MONTHS PRECEDING THE CLAIM

This includes liability for missed calls, lost leads, incorrect transcripts, or any business losses resulting from use of the Service.

6. Emergency Services Disclaimer

AfterHours AI is not an emergency service. If a caller faces a life-threatening emergency, they should call 911. Our AI assistant will attempt to identify emergency situations and advise callers accordingly, but this is not guaranteed. Do not use this Service as the sole means of handling emergency calls.

7. Service Uptime

We target 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance, third-party outages (Twilio, Vapi, cloud providers), or unforeseen technical issues may result in downtime. We will make reasonable efforts to notify clients of planned maintenance.

Service credits or refunds for downtime are at our sole discretion and not guaranteed.

8. Call Recording and Compliance

By using the Service, you acknowledge that:

  • Calls handled by our AI may be recorded and transcribed
  • Our AI assistant discloses the possibility of recording at the start of each call
  • You are responsible for ensuring your use of the Service complies with all applicable call recording laws in your jurisdiction
  • In two-party consent states, the verbal disclosure by our AI assistant satisfies consent requirements when the caller continues the conversation

9. Account Termination

We reserve the right to suspend or terminate your account at any time for:

  • Violation of these Terms
  • Non-payment of subscription fees
  • Fraudulent, abusive, or harmful use of the Service
  • At our discretion, with or without cause, with 30 days' notice (unless for cause, in which case termination may be immediate)

Upon termination, your access to the Service and associated data will be discontinued in accordance with our data retention policy.

10. Intellectual Property

The Service, including its software, AI models, branding, and documentation, is owned by AfterHours Answer and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

You retain ownership of your business data (lead records, call transcripts) generated through your use of the Service. You grant us a license to use this data as described in our Privacy Policy.

11. Indemnification

You agree to indemnify and hold harmless AfterHours Answer and its officers, directors, and employees from any claims, damages, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law.

12. Governing Law

These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in San Diego County, California, and you consent to personal jurisdiction in those courts.

13. SMS/Text Messaging Terms

These SMS/Text Messaging Terms apply to all text messages sent by AfterHours AI.

Service Provider: AfterHours AI uses Twilio Inc. telecommunications services to send SMS messages.

Purpose: SMS messages are used to notify business owners of new leads captured by their AI answering service and to confirm to callers that their messages were received.

Message Frequency: Varies based on after-hours call volume. Business owners may receive up to 50 messages per month.

Message & Data Rates: Message and data rates may apply depending on your mobile carrier plan. Contact your carrier for details.

Opt-In: Business owners opt in by checking the required SMS consent checkbox at afterhoursanswer.com/signup.html during account registration. The consent text reads: "I agree to receive SMS notifications about new leads and emergency alerts. Message frequency varies. Msg & data rates may apply. Reply STOP to opt out at any time." Callers provide implied consent by calling the AI answering service and receiving a confirmation text.

Opt-Out Keywords: Reply STOP, CANCEL, END, QUIT, UNSUBSCRIBE, REVOKE, or STOPALL to unsubscribe. You will receive a confirmation message and no further SMS messages will be sent.

Help: Reply HELP for assistance or email hello@afterhoursanswer.com.

Support: For questions about our SMS service, visit afterhoursanswer.com or email hello@afterhoursanswer.com.

Privacy Policy: Our full SMS privacy practices are described in our Privacy Policy, Section 12. We do not sell or share phone numbers with third parties for marketing purposes.

Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages. AfterHours AI is not responsible for SMS delivery failures caused by carrier issues, network outages, or incorrect phone numbers.