Terms of Service

Last Updated: April 25, 2026

These Terms of Service govern your access to and use of the NightAI platform. By creating an account or using any NightAI service, you agree to be bound by these Terms. If you do not agree, do not use the service. These Terms constitute a binding legal agreement between you (the "Business Customer") and NightAI.

1. Acceptance of Terms

By accessing or using the NightAI platform, website, APIs, or any associated services (collectively, the "Service"), you represent that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" refers to that entity.

These Terms apply to all users of the Service, including business customers, administrators, and any other individuals or entities who access the Service. NightAI reserves the right to refuse service to any person or entity at its sole discretion.

2. Description of Service

NightAI provides an AI-powered automation platform that enables businesses to capture leads and automate intake workflows. Services include: inbound telephone call handling via AI voice agent; web widget deployment on the Customer's website enabling browser-based voice interactions with site visitors; and custom automation workflows scoped and agreed upon during onboarding. Supported use cases include, but are not limited to, appointment scheduling, appointment cancellation, appointment status inquiries, lead qualification, and answering frequently asked questions.

The Service operates by connecting your dedicated business phone number and, where applicable, your website to an AI agent that answers calls and web interactions, collects contact information (name, phone number, email address, preferred appointment date, and reason for visit), and records data to your NightAI account. Email confirmations with calendar invite attachments (.ics files) are sent upon successful booking via SendGrid.

The Customer is solely responsible for ensuring that any NightAI web widget deployed on their website includes appropriate visitor consent notices and any other disclosures required by applicable law prior to initiating voice interactions with site visitors.

Important Disclosures

3. Eligibility and Account Registration

To use the Service, you must be at least 18 years of age and capable of entering into a binding legal agreement. The Service is intended for business use only and is not available to consumers acting in a personal capacity.

When you register for an account, you agree to provide accurate, current, and complete information and to maintain and update that information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify NightAI immediately of any unauthorized use of your account or any other security breach at [email protected].

NightAI reserves the right to terminate or suspend accounts that contain false, misleading, or fraudulent information, or where there is reasonable suspicion of abuse or policy violation.

4. Subscription, Billing, and Cancellation

Subscriptions

Access to the Service is provided on a month-to-month subscription basis unless a separate written agreement specifies otherwise. Subscription fees are billed monthly in advance based on your selected plan. All prices are in US dollars unless otherwise stated.

Billing

By providing a payment method, you authorize NightAI (through its payment processor, Stripe) to charge your payment method for the subscription fee at the start of each billing period. If a payment fails, NightAI may suspend your access to the Service until payment is resolved. NightAI reserves the right to modify pricing with 30 days' advance notice to your registered email address.

Cancellation

You may cancel your subscription at any time from your account dashboard or by emailing [email protected]. When you cancel, your subscription ends and NightAI refunds the unused portion of your current billing period, prorated by the number of days remaining. One-time launch or implementation fees, and any usage overage already incurred, are not refundable.

30-Day Money-Back Guarantee

NightAI offers a 30-day money-back guarantee measured from your go-live date, which is the date your AI agent is assigned and activated to handle live calls. If the Service does not successfully book any appointments for your business within those first 30 days, you may request a full refund of the fees you paid for that period, including the monthly subscription fee and any one-time launch or implementation fee. To request a refund, email [email protected] within the 30-day window.

This guarantee does not apply once the Service has booked one or more appointments, because a completed booking demonstrates that the Service performed its intended function. Customers who have previously received a refund under this guarantee are not eligible for it on any future engagement. After the 30-day window, the guarantee no longer applies, but you may still cancel at any time and receive a prorated refund of unused time as described under Cancellation above. No refunds or credits are issued for time already used, for unused features, or for unused call volume, and no refund is issued where the Service is suspended for violation of these Terms.

Post-Cancellation Data Access

Upon cancellation, your account data (including appointment records) will remain accessible in a read-only state for 30 days following the effective cancellation date. After that 30-day period, your data will be permanently deleted in accordance with our data retention policy described in the Privacy Policy.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. The following uses are expressly prohibited:

NightAI reserves the right to monitor use of the Service for compliance with this Acceptable Use Policy and to investigate suspected violations. Violations may result in immediate suspension or termination of your account without notice or refund.

6. AI-Specific Disclosures

Accuracy Limitations

The AI agent uses automatic speech recognition and large language model technology. These systems are probabilistic and imperfect. The AI may mishear spoken words, fail to recognize names or unusual terms, misinterpret caller intent, or produce responses that are incomplete or contextually inappropriate. NightAI does not warrant that the AI will correctly capture, interpret, or record all caller-provided information.

No Guarantee of Call Handling Success

NightAI does not guarantee that any specific call will result in a successfully booked appointment, that all callers will complete the booking flow, or that the Service will be available at all times. Uptime targets, if any, are described in your service plan documentation but do not constitute a warranty of uninterrupted service.

Business Customer Responsibility for AI Disclosure

You, the business customer, are required as a condition of this Agreement to ensure that your callers are informed that they are interacting with an AI system and not a live human agent. Your greeting message must clearly identify the agent as an AI assistant (for example: "You're speaking with an AI assistant."). Failure to include this disclosure is a material breach of these Terms. In certain jurisdictions, disclosure that a caller is speaking with an AI is independently required by law. NightAI does not provide legal advice and recommends you consult legal counsel regarding obligations applicable in your jurisdiction.

Caller Data Collection & Implied Consent

When a caller initiates a call to your NightAI-powered number and continues speaking after the AI greeting (which includes the AI identity and recording disclosure), that continuation constitutes implied consent to the collection and processing of the information they provide during the call, including their name, phone number, email address, appointment details, and the substance of the conversation. You, as the data controller, are responsible for ensuring this implied consent mechanism is legally sufficient in your jurisdiction. NightAI records a consent_method and consent_timestamp on every appointment record created via a voice call for your records.

Email Consent

When a caller provides their email address during a call or through the online booking page, they are consenting to receive transactional communications related to their appointment, including booking confirmations, calendar invites, and appointment reminders. You must not use NightAI-collected email addresses for marketing, promotional, or any other purpose beyond appointment management without obtaining separate, explicit consent from the caller.

SMS Messaging Terms

Program name: NightAI appointment and support messaging. NightAI and NightAI-powered businesses may send transactional SMS messages to users who provide a mobile number and consent through a NightAI-powered booking page, by initiating contact with a NightAI-enabled phone number, or by texting an opt-in keyword such as START, SUBSCRIBE, UNSTOP, or OPTIN.

Program description: Messages may include appointment confirmations, appointment reminders, cancellation confirmations, scheduling updates, booking follow-up, support replies, and opt-in or opt-out confirmations. Message frequency varies based on the user's booking activity and support requests. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

Help and opt-out: For help, reply HELP or email [email protected]. To stop receiving SMS messages, reply STOP. After replying STOP, you may receive a final confirmation message and then no further messages from that number unless you opt back in by replying START. See our Privacy Policy for how mobile information and SMS consent are handled.

Recording Consent

You are solely responsible for complying with all applicable laws regarding call recording, monitoring, and interception. This includes, but is not limited to, obtaining required consent from callers prior to any recording. The following US states require the consent of all parties to a conversation before it may be recorded (all-party consent states):

This list is provided for informational purposes only and may not be exhaustive or current. You should consult legal counsel to determine the recording consent requirements applicable to your specific business and caller locations. NightAI is not responsible for any legal liability arising from your failure to comply with recording consent laws.

Sample Compliant Greeting

The following sample greeting satisfies the AI disclosure requirement and provides recording consent notice. You are encouraged to use or adapt this language in your agent configuration:

"Thank you for calling [Business Name]. You're speaking with an AI assistant. This call may be recorded for quality and scheduling purposes. How can I help you today?"

By continuing the call after hearing this greeting, callers provide implied consent to AI-assisted call handling, data collection, and recording (where applicable).

AI Appointment Limitations and No-Booking Guarantee

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIGHTAI MAKES NO GUARANTEE THAT ANY CALL WILL RESULT IN A SUCCESSFULLY COMPLETED APPOINTMENT BOOKING. THE AI OPERATES USING PROBABILISTIC SPEECH RECOGNITION AND LARGE LANGUAGE MODEL TECHNOLOGY THAT IS, BY ITS NATURE, IMPERFECT. NIGHTAI SHALL HAVE NO LIABILITY, AND YOU HEREBY WAIVE ANY CLAIM AGAINST NIGHTAI, ARISING FROM ANY OF THE FOLLOWING NON-EXHAUSTIVE SCENARIOS:

NightAI strongly recommends that all Business Customers maintain human oversight of their booking records and implement a process for following up with callers on any bookings flagged as incomplete or uncertain. The Service is an assistive tool that augments your front-desk operations — it is not a substitute for human oversight or a guarantee of perfect booking accuracy.

7. Data Processing

With respect to caller personal data collected through your use of the Service, you are the data controller and NightAI is a data processor acting on your behalf. You are responsible for having a lawful basis for collecting caller data, for providing appropriate privacy notices to your callers, and for complying with all applicable data protection laws, including the California Consumer Privacy Act (CCPA) and any other applicable state or federal privacy laws.

NightAI will process caller personal data only as necessary to provide the Service and as described in the Privacy Policy. Caller data collected through the Service includes: caller name, phone number (captured via Twilio caller ID), email address, requested appointment date and time, and reason for visit. NightAI does not sell caller personal data. Conversation session state is stored in Redis with a 30-minute auto-expiry TTL.

For a full description of how NightAI collects, uses, stores, and shares personal data, please review our Privacy Policy.

8. HIPAA Non-Coverage

NIGHTAI IS NOT A HIPAA-COVERED ENTITY AND DOES NOT ENTER INTO BUSINESS ASSOCIATE AGREEMENTS (BAAs). THE SERVICE IS NOT SUITABLE FOR PROCESSING PROTECTED HEALTH INFORMATION (PHI) AS DEFINED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) AND ITS IMPLEMENTING REGULATIONS. COVERED ENTITIES AND THEIR BUSINESS ASSOCIATES MUST NOT USE NIGHTAI TO PROCESS PHI UNTIL A COMPLIANT BAA IS IN PLACE. NIGHTAI CURRENTLY HAS NO HIPAA-COMPLIANT INFRASTRUCTURE AND CANNOT ACCEPT PHI UNDER ANY CIRCUMSTANCES. THE SERVICE USES OPENAI'S API, WITH WHICH NIGHTAI HAS NO BAA, RENDERING THE SERVICE CATEGORICALLY UNSUITABLE FOR PHI. NIGHTAI ACCEPTS NO LIABILITY FOR ANY HIPAA VIOLATIONS RESULTING FROM A CUSTOMER'S UNAUTHORIZED USE OF THE SERVICE FOR PHI PROCESSING.

NightAI's platform is appropriate for non-HIPAA premium practices such as law firms, financial practices, real estate teams, premium home service operators, auto service businesses, high-end salons, fitness studios, and similar businesses that do not handle PHI in their call flows. Healthcare businesses, dental practices, therapy practices, medical providers, med spas, aesthetics clinics, and any workflow involving PHI or clinical advice must not use the Service.

9. Third-Party Services

The Service incorporates and depends upon services provided by third-party sub-processors, including:

NightAI is not responsible for the availability, performance, accuracy, security, or compliance of any third-party service. Service outages, errors, or data breaches at sub-processors may affect the availability or quality of the NightAI platform. NightAI will not be liable for any losses, damages, missed appointments, or other consequences arising from sub-processor failures. Each sub-processor maintains its own terms of service and privacy policies to which you may also be subject.

10. Intellectual Property

The NightAI platform, including its software, algorithms, interfaces, branding, system prompts, and documentation, is the intellectual property of NightAI and is protected by copyright, trade secret, and other applicable intellectual property laws. These Terms do not grant you any ownership interest in the Service or any NightAI intellectual property.

You retain ownership of your business data (including your appointment records, customer contact information, and any custom prompts or configurations you create). By using the Service, you grant NightAI a limited, non-exclusive license to process your data solely as necessary to provide the Service.

NightAI does not claim ownership of caller data or business customer data. NightAI will not use your business data for any purpose other than providing the Service, except as required by law or as described in the Privacy Policy.

11. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NIGHTAI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR HARMFUL COMPONENTS; (C) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED RESPONSES, BOOKINGS, OR INFORMATION PROVIDED BY THE SERVICE; AND (D) WARRANTIES THAT THE SERVICE WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

NIGHTAI DOES NOT WARRANT ANY PARTICULAR LEVEL OF CALL HANDLING SUCCESS, BOOKING ACCURACY, EMAIL DELIVERY RATE, OR CALENDAR INVITE DELIVERY. THE INHERENT LIMITATIONS OF SPEECH RECOGNITION AND AI LANGUAGE MODELS MEAN THAT ERRORS, OMISSIONS, AND MISUNDERSTANDINGS ARE POSSIBLE ON ANY CALL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN THOSE JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIGHTAI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, MISSED OR INCORRECTLY BOOKED APPOINTMENTS, FAILURE TO DELIVER EMAIL CONFIRMATIONS OR CALENDAR INVITES, DOUBLE-BOOKINGS, LOST CUSTOMERS, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF NIGHTAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NIGHTAI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO NIGHTAI IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT NIGHTAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE NIGHTAI'S LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT, OR IN CIRCUMSTANCES WHERE APPLICABLE LAW PROHIBITS SUCH LIMITATION.

13. Indemnification

You agree to indemnify, defend, and hold harmless NightAI, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

NightAI reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with NightAI in asserting any available defenses.

14. Term and Termination

These Terms are effective from the date you first access or use the Service and continue until your subscription is terminated. Either party may terminate the subscription in accordance with the cancellation procedures described in Section 4.

NightAI may immediately suspend or terminate your account and access to the Service, without prior notice or liability, if you breach any provision of these Terms, including the Acceptable Use Policy, or if NightAI reasonably believes such action is necessary to protect the Service, other customers, or third parties.

Upon termination or expiration of your subscription for any reason:

Sections 10 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law and Dispute Resolution), and any other provision that by its nature should survive termination shall survive any termination or expiration of these Terms.

15. Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regard to its conflict of law principles.

Mandatory Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

Small Claims Carveout

Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of that court's jurisdiction, provided the matter remains in small claims court and proceeds only on an individual (non-class) basis.

Class Action Waiver

YOU AND NIGHTAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR MULTI-PLAINTIFF PROCEEDING. FURTHER, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

16. Changes to Terms

NightAI reserves the right to modify these Terms at any time. For material changes, NightAI will provide at least 30 days' advance notice by sending an email to your registered address and/or by posting a notice on the NightAI dashboard. Non-material changes may be effective immediately upon posting to this page.

Your continued use of the Service after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription before the effective date of the change.

NightAI will maintain an archive of prior versions of these Terms accessible upon request.

17. Contact

For questions, concerns, or notices regarding these Terms of Service, please contact:

NightAI Legal
Email: [email protected]
For privacy inquiries: [email protected]
For security concerns: [email protected]
For Do Not Sell requests: getnightai.com/do-not-sell

These Terms of Service constitute the entire agreement between you and NightAI with respect to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written. The failure of NightAI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, the remaining provisions will continue in full force and effect.