This AI Addendum ("Addendum") is incorporated into and forms part of the NightAI Service Agreement and Data Processing Agreement executed between NightAI, LLC ("Provider") and the business identified in those agreements ("Client"). By signing the Service Agreement, Client agrees to this Addendum in full.
This Addendum describes the artificial intelligence (AI) technologies NightAI deploys to deliver its voice agent service, how those technologies process Client's caller data, their known limitations, and Client's obligations when using an AI-powered service.
Transparency about AI use is important to NightAI. This Addendum is intended to give Client a clear, honest picture of what AI does — and does not do — within the NightAI platform.
| System | Provider | Role in Service | Data Processed |
|---|---|---|---|
| GPT-4o-mini | OpenAI, L.L.C. | Extracts caller intent, determines next action (book, check, cancel, transfer, continue), and generates spoken responses | Transcribed caller speech and conversation context for the current call |
| Retell AI platform | Retell AI, Inc. | Speech-to-text (STT) transcription of caller audio; text-to-speech (TTS) generation of agent voice; call turn-taking and orchestration. NightAI has a signed BAA and DPA with Retell AI. | Raw caller audio (in); transcribed text (out); agent response text (in); synthesized audio (out) |
When a caller contacts Client's NightAI-powered phone number, data moves through the following systems in sequence:
Caller data (transcribed speech) is transmitted to OpenAI only for the purpose of generating the agent's next response. Conversation context is maintained transiently in Redis with a 30-minute TTL. NightAI's backend stores appointment data (name, phone, email, date, reason) in PostgreSQL when a booking is confirmed.
Call audio itself is not stored by NightAI. Audio is processed in real time by Retell AI and is subject to Retell AI's data retention policies.
NightAI accesses OpenAI's models via the OpenAI API. Per OpenAI's current API usage policy, data submitted through the API (including caller transcripts sent to GPT) is not used to train or improve OpenAI's models. This policy is maintained by OpenAI; Client should review OpenAI's current terms at openai.com/policies for the authoritative statement.
NightAI has executed a signed BAA and Data Processing Agreement with Retell AI, covering the processing of caller data through their STT, TTS, and call orchestration platform. Call audio and transcripts processed through Retell AI are additionally subject to Retell AI's own terms of service and privacy policy at retellai.com.
NightAI may review anonymized or aggregated call transcripts to improve its AI agent prompts, system configuration, and service quality. NightAI does not sell caller data or share it for purposes unrelated to service delivery.
By using the NightAI service, Client agrees that it will not:
Client is responsible for:
Client shall not configure or instruct NightAI's AI agent to:
AI voice agents, including NightAI's, may produce errors in transcription, intent recognition, or response generation. Common failure modes include: mishearing caller names or dates; misunderstanding ambiguous requests; or producing unexpected responses to unusual inputs. NightAI tunes its agents to minimize errors but cannot guarantee accuracy in all cases.
Client is responsible for verifying that appointments booked by NightAI's AI agent are accurate, complete, and appropriate. NightAI's admin dashboard provides a full appointment log for this purpose. NightAI's AI agent is a tool to assist booking, not a substitute for human review of scheduled appointments.
NightAI's AI capabilities depend on the availability of Twilio, Retell AI, and OpenAI. Outages at any sub-processor may result in calls being missed or routing to a fallback (e.g., voicemail). NightAI is not liable for bookings missed due to sub-processor outages. NightAI monitors sub-processor status and will communicate material outages to Client via email.
NightAI's AI agent is not a licensed professional. Responses generated by the agent are not medical, legal, financial, or other professional advice, regardless of the subject matter raised by a caller. NightAI's agent should be configured to refer callers to appropriate professionals for questions outside the scope of appointment booking.
NightAI may update the underlying AI models used in its service (such as the specific version of OpenAI's GPT, the TTS model, or the STT provider) without advance notice, when such updates are improvements or equivalent in capability. NightAI will provide at least 30 days' advance written notice (by email to the account contact) before making a material change in AI provider — for example, switching from OpenAI to a different LLM provider — that could meaningfully affect the character or capability of Client's AI agent. Client may terminate the Service Agreement without penalty during that 30-day notice period if the change is unacceptable.
NightAI may log call metadata (duration, outcome, booking result) and, where enabled, call transcripts for quality assurance and tuning purposes. Call audio is not retained by NightAI beyond real-time processing. Where call recording or transcript storage is a feature of Client's plan, Client is responsible for compliance with applicable call-recording-consent laws (including single-party and all-party consent rules) in its jurisdiction and for notifying callers accordingly.
NightAI's AI agent operates autonomously during calls but does not take actions outside of: booking, checking, or canceling appointments; transferring calls (when explicitly configured); and collecting caller contact information. NightAI does not make autonomous decisions with legal or similarly significant effects on callers. Client retains full visibility and control over its appointment data via the admin dashboard and may correct, cancel, or override any AI-booked appointment at any time.
NightAI's total liability for losses arising from AI errors, AI model failures, or AI-related limitations — including missed bookings, incorrect bookings, or caller dissatisfaction — is capped at the amount Client paid to NightAI in the 30 days preceding the claim. This cap is consistent with the limitation of liability in the Service Agreement and is not cumulative with it. NightAI is not liable for consequential, indirect, or punitive damages arising from AI performance.
This Addendum is governed by the laws of the State of Illinois, USA, consistent with the Service Agreement. Disputes shall be resolved through binding arbitration in Chicago, Illinois, under the AAA Commercial Arbitration Rules.
NightAI may amend this Addendum from time to time as AI technologies and applicable regulations evolve. Material amendments will be communicated by email to Client's account contact at least 14 days before they take effect. Continued use of the service constitutes acceptance of the revised Addendum.